Bill would end limit in wrongful deaths

AUGUSTA — Maine law that sets a damage award cap of $150,000 for the loss of comfort, society and companionship of the deceased in wrongful death lawsuits is under attack in the Legislature.

On Wednesday, the Senate voted 19-15 in favor of a bill to remove the cap. The measure, LD 687, has also received initial House approval, and more votes are scheduled.

In a debate that began a day earlier, opponents said the bill was brought forward by lawyers who stand to make a lot of money in wrongful death cases.

Sen. John Benoit, R-Rangeley, also noted that the caps that are targeted in the legislation do not apply to economic losses.

Sen. Norman Ferguson said he was personally involved in a wrongful-death suit after his mother was struck by a distracted driver and killed 11 years ago. At the time, the Hanover Republican said, the damage cap was $50,000.

“Nothing in the world would have brought my mother back,” said Ferguson.

Benoit said the bill to remove the caps is opposed by Maine medical, hospital, merchants’, pulp and paper and motor transport organizations.