Kemp and his allies celebrated a hard-fought triumph of rewriting the state’s litigation rules, a thorny debate that has long vexed political leaders and pitted some of Georgia’s most powerful institutions against each other.

The governor and his supporters promised it would improve Georgia’s business climate and slow rising insurance premiums by making it harder to bring frivolous lawsuits. They were backed by a multimillion-dollar ad campaign financed by Kemp’s political network and its allies that amped up the pressure.

“I know this is personal to some folks,” said state Rep. Chas Cannon, R-Moultrie. “But it will foster a fair judicial system, and I believe, a more prosperous Georgia for all.”

Democrats and other critics warned the measure would make it harder for crime victims to sue negligent businesses in civil court. And they framed it as an attempt to strip Georgians of their right to challenge corporations in court while doing little to lower insurance rates.

Credit: Miguel Martinez-Jimenez

Credit: Miguel Martinez-Jimenez

“This is not a bill about big business and trial attorneys,” said state Rep. Sam Park of Lawrenceville, one of the House’s top Democrats. “This is a bill about whether or not Georgians and victims have access to justice.”

And Democratic state Rep. Tanya Miller of Atlanta called it “one of the most poorly drafted bills I’ve seen as a lawyer.”

“This is not just some bill. This is an attack on the very fundamental premise that makes this country what it is.”

Kemp’s concessions

It’s not a done deal yet. Skeptics in the Georgia Senate could try to make more revisions to the proposal, which would trigger another gutty round of votes in both chambers. Kemp and his allies will insist on no changes.

What passed Thursday would limit when businesses can be sued for certain injuries on their properties, regulate how damages are calculated in personal injury cases, and split some trials into two phases, potentially curbing high-dollar judgments.

Facing fierce Democratic opposition, Kemp had to rely almost entirely on the Legislature’s GOP majority to pass the bill. Still, it took extraordinary arm-twisting, even for a second-term governor who regularly polls as Georgia’s most popular Republican.

To get it across the finish line, Kemp repeatedly warned legislators he would call a special session if they failed to send him “meaningful” changes — and threatened to back primary challenges against GOP lawmakers who oppose it.

The hardball tactics worked. But he still had to accept concessions from fellow Republicans who feared that the overhaul could make it harder for Georgians to seek justice in civil court.

The first round came in the Senate, where lawmakers pushed Kemp to scale back proposed changes to how medical costs are calculated.

More revisions came in the House after sex crimes survivors delivered wrenching testimony, warning the bill could make it harder for victims to sue motels and other businesses accused of turning a blind eye to their abuse.

Kemp’s negotiators agreed this week to expand exceptions for sex crimes victims and exempt some sex trafficking survivors and plaintiffs in low-dollar cases from the two-phase trial rule.

Credit: Miguel Martinez/AJC

Credit: Miguel Martinez/AJC

And House Speaker Jon Burns prepared plans to launch a study committee to examine the insurance industry’s rate-setting practices and profit margins, and develop ways to encourage more competition and bring down premiums. Burns called it a way to bring “balance to our civil justice system.”

That was just part of a remarkable lobbying effort. By Wednesday night, lawmakers reported intensifying arm-twisting — surefire proof that the vote was anything but certain. Several Democrats said they got frantic calls courting their support as party leaders urged them to hold the line.

“You can’t tell me for 11 straight years you’re the best place in the nation to do business, and then in the next phrase, tell me this is a hellhole for insurance companies,” said state Rep. Al Williams, a Midway Democrat.

But by Thursday morning, several on-the-fence Republicans sided with Kemp. State Rep. James Burchett, the Waycross Republican who sponsored the bill, and Burns aide Chris Riley worked behind the scenes to win over others.

As votes were being tallied, the internal count showed the measure was one vote shy of passing. Burchett closed in on Republican state Rep. Tim Fleming of Covington, a former Kemp aide who hadn’t made his decision. Moments later, Fleming cast the deciding vote, and Burns swiftly ended the count.

“This was a tough decision for a lot of them, and I understand that,” said Burns. “But at the end of the day, a good bill was passed that will bring a lot of good opportunities for Georgia.”

Fleming said he supported “common sense” changes but also wanted to ensure that insurance companies bring down rates.

“Ultimately, I cast this vote to represent my constituents who deserve immediate relief,” said Fleming. “But our work is far from finished.”

Opponents were despondent. Critics from both sides of the aisle entered the day confident there was enough opposition to sink the measure. Democratic state Rep. Stacey Evans of Atlanta said she felt betrayed by the trio of Democrats who backed the measure.

“I hope their voters will make them account for it, just as I hope that the voters make Republicans who voted yes account for it,” Evans said. “This was a bad bill and there’s no reason to vote yes for it.”

Credit: Miguel Martinez/AJC

Credit: Miguel Martinez/AJC

What’s in the bill?

Premises liability: Limits when businesses can be sued for injuries that occur on their property, with exceptions for some victims of sex crimes.

Damages: Allows plaintiffs to present jurors actual medical costs as well as initial bills, which sometimes reflect inflated charges.

Bifurcated trials: Allows cases to be split into two stages — first determining fault, then assessing damages — rather than considering everything at once. Judges would have discretion in the House version to reject splitting trials in cases with damages below $150,000 and those involving sex crime victims who “would be likely to suffer serious psychological or emotional distress” from testifying a second time.

Seat belt laws: Allows juries to consider whether a plaintiff was wearing a seat belt in injury lawsuits, potentially reducing damages for those who failed to buckle up. Judges would have discretion to determine how seatbelt evidence can be used.

Attorneys fees: Prohibits attorneys from recovering their legal fees twice in certain cases.