The Statement
The Statement

Big defeat means a big victory for MACPA

Maryland Business avoids increase in lawsuits and insurance costs

Maryland Comparative Negligence Act (SB 483)

The MACPA ran an extensive campaign against this bill because we learned it had a good chance of getting passed this year. Beginning with CPA Day in January, we alerted our members to the probability of the introduction of this bill and advised legislators of our staunch opposition to it. We called on our keypersons, chapters and the Accountants' Coalition to join in our efforts by making calls, sending e-mails and writing letters to their representatives in Annapolis. We specifically targeted members who lived in the districts of the Senators on the Judicial Proceedings Committee where the bill was being considered.

MACPA representatives Tom Hood, Carol Kirwan and Nick Manis were in Annapolis on March 1 to testify against this bill. Our message was simply, "Give SB 483 an unfavorable report." We shared our concerns:

  • The CPA profession and our clients would be adversely impacted by the increase in frivolous cases as a result of the more liberal doctrine of comparative fault.
  • There has been no need demonstrated for Maryland to change its public policy in the area of tort reform.
  • Degree of fault under comparative negligence would be a new issue for lawyers to dispute in court.
  • More lawsuits would be filed, clogging the courts and increasing the chances that innocent parties will be sued.
  • Prices of goods and services would increase because business would be forced to pass on the cost of defending frivolous lawsuits to consumers.
  • Businesses looking to enter the state would not find comparative negligence as attractive as the doctrine of contributory negligence.

Members joined us in voicing their opposition by making personal phone calls, writing letters and e-mails. Some clients even wrote letters to the Senate Committee.

Our intense efforts paid off. After several delays in voting on SB 483, the Senate Judicial Proceedings Committee voted an overwhelming 9-2 to defeat the bill on Monday, March 19. Thank-you letters were sent to committee members who supported our position:

  • Sen. Walter M. Baker, Chair
  • Sen. Richard F. Colburn
  • Sen. Timothy R. Ferguson
  • Sen. Jennie M. Forehand
  • Sen. Larry E. Haines
  • Sen. Philip C. Jimeno
  • Sen. Clarence M. Mitchell, IV
  • Sen. Alex X. Mooney
  • Sen. Perry Sfikas

Thank you to all our members who assisted us in this victory!

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