The best defense

John F. Kelleher, partner at Higgins, Cavanagh & Cooney LLP, has been appointed president of the Defense Counsel of Rhode Island. In his new role, Kelleher will help the association advocate for improvements within the civil justice system. At HCC, Kelleher focuses most of his practice on defending product-liability cases and complex commercial disputes, as well as litigating professional negligence actions. He has more than 25 years of experience in the industry. Kelleher holds a B.A. from The University of Rhode Island and a J.D. from Boston University School of Law.

Are there aspects of civil litigation that should receive more attention from the business community?

Yes, the high rate of prejudgment interest that is added directly to verdicts and indirectly to most pretrial settlements, should receive more attention. Currently, state law requires that 12 percent annual interest be added to all verdicts or decisions awarding monetary damages in civil actions. That high rate of interest begins to accrue on the date that the cause of action itself accrues.

What are some recommendations for amending the pre-judgment interest?

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Last year there was one attempt at reform when the [General] Assembly reviewed a bill, which would have reduced the interest rate from 12 percent to 6 percent. … However, that bill and earlier versions of the same measure never made it out of committee. Other efforts at reform have also been proposed that would have delayed the accrual of prejudgment interest until a lawsuit is actually filed.

Are there any other aspects of civil litigation that currently deserve reform as well?

The joint tortfeasors’ statute is certainly worth amending. … It is possible for a defendant who is only marginally at fault for a collision, for example, to end up paying for the lion’s share of the plaintiff’s damages even where the plaintiff is more at fault for the collision than the defendant. •

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