Palmetto State News

State Senator Tom Fernandez made a statement on the Senate floor alleging that the South Carolina trial lawyers' lobby offered him between $50,000 and $100,000 to oppose tort reform. This statement was made before the Senate paused its proceedings. Nick Reynolds of the Post and Courier shared Fernandez's remarks on X on March 4.

"Oh my word. Sen. Tom Fernandez just said on the Senate floor that the South Carolina trial lawyers' lobby offered him anywhere between $50,000 and $100,000 to vote against tort reform," said Reynolds, Post and Courier SC Politics Reporter. "Let me say the quiet part out loud," he said. Senate now standing at-ease."

South Carolina is currently considering tort reform legislation with Bill S.244, as reported by the South Carolina state House. The bill proposes changes to how fault is assigned in civil cases, allowing juries to apportion fault among claimants, defendants, and any nonparties involved. A key aspect of the proposed reform is that defendants would be held liable only for their percentage of fault, potentially reducing instances where a defendant pays more than their share of damages. The bill also seeks to repeal certain sections related to joint and several liabilities and contributions among tortfeasors.

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According to FITSNews, the bill is supported by Governor Henry McMaster, Senate President Thomas Alexander, and business groups such as the Mom and Pop Alliance of South Carolina and the South Carolina Chamber of Commerce. Trial lawyers are intensifying efforts to defeat the bill by spending heavily on campaigns targeting lawmakers and leveraging social media influence.

Fernandez later clarified his statement on the Senate Floor: "Interested parties for and against the bill have indicated their willingness to host fundraisers on my behalf; however, I did not perceive these offers as a quid-pro-quo in exchange for my vote on this bill, nor do I believe that was the intention of those interested parties," he said according to Myrtle Beach Online.

In 2018, a South Carolina grand jury uncovered evidence suggesting that the South Carolina Association for Justice (SCAJ), representing trial lawyers in the state, sought political influence through donations. Judicialhellholes.com reported that emails from 2011 indicated that SCAJ provided contributions to political consultant Richard Quinn with an aim to sway legislative decisions on tort reform. An April 2, 2011 email from SCAJ President Mark Joye warned that if Senate President Glenn McConnell opposed their interests, it could negatively impact their future contributions.

Senator Tom Fernandez represents South Carolina's 39th Senate District which includes Berkeley, Dorchester, and Orangeburg counties. According to information from the SC State House site, before his election in November 2024, Fernandez earned a B.A. in Political Science from Coastal Carolina University, a J.D. from Charleston School of Law, and an M.B.A. from The Citadel; he also owns Fernandez Law and serves on several Senate committees.