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To amend sections 1701.95, 1707.01, 1901.18, 2101.31, | 1 |
2305.25, 2305.251, 2305.37, 2307.24, 2307.27, | 2 |
2307.30, 2307.60, 2307.61, 2313.46, 2315.23, | 3 |
2315.24, 2743.18, 2743.19, 2744.01, 2744.02, | 4 |
2744.03, 2744.05, 3123.17, 4112.02, 4507.07, | 5 |
4513.263, 4582.27, and 5111.81; to amend, for the | 6 |
purpose of adopting new section numbers as | 7 |
indicated in parentheses, sections 2307.24 | 8 |
(2307.16), 2307.27 (2307.17), 2307.30 (2307.18), | 9 |
2315.07 (2315.05), 2315.08 (2315.06), 2315.18 | 10 |
(2315.07), 2315.23 (2315.08), and 2315.24 | 11 |
(2315.09); to revive and amend sections 109.36, | 12 |
2117.06, 2125.01, 2125.02, 2125.04, 2305.10, | 13 |
2305.16, 2305.27, 2305.38, 2307.31, 2307.32, | 14 |
2307.75, 2307.80, 2315.01, 2315.19, 2315.21, | 15 |
2501.02, 2744.06, 3722.08, 4112.14, 4113.52, | 16 |
4171.10, and 4399.18; to revive sections 163.17, | 17 |
723.01, 1343.03, 1775.14, 2305.01, 2305.11, | 18 |
2305.35, 2307.33, 2307.71, 2307.72, 2307.73, | 19 |
2307.78, 2315.18, 2315.20, 2317.62, 2323.51, | 20 |
2744.04, 4112.99, 4909.42, 5591.36, and 5591.37; | 21 |
to repeal sections 109.36, 163.17, 723.01, | 22 |
1343.03, 1775.14, 1901.041, 1901.17, 1901.181, | 23 |
1901.20, 1905.032, 2117.06, 2125.01, 2125.02, | 24 |
2125.04, 2305.01, 2305.10, 2305.11, 2305.16, | 25 |
2305.35, 2305.38, 2307.31, 2307.32, 2307.33, | 26 |
2307.71, 2307.72, 2307.73, 2307.75, 2307.78, | 27 |
2307.80, 2315.01, 2315.18, 2315.19, 2315.20, | 28 |
2315.21, 2317.62, 2323.51, 2501.02, 2744.04, | 29 |
2744.06, 3701.19, 3722.08, 4112.14, 4112.99, | 30 |
4113.52, 4171.10, 4399.18, 4909.42, 5591.36, and | 31 |
5591.37, as they result from Am. Sub. H.B. 350 of | 32 |
the 121st General Assembly; to repeal sections | 33 |
901.52, 2101.163, 2151.542, 2303.202, 2305.011, | 34 |
2305.012, 2305.113, 2305.131, 2305.252, 2305.381, | 35 |
2305.382, 2307.31, 2307.42, 2307.43, 2307.48, | 36 |
2307.791, 2307.792, 2307.80, 2309.01, 2315.37, | 37 |
2317.45, 2317.46, 2323.54, and 2323.59; to repeal | 38 |
sections 1901.262 and 1907.262, as enacted by Am. | 39 |
Sub. H.B. 350; to suspend part of section 1707.01; | 40 |
and to suspend sections 1707.432, 1707.433, | 41 |
1707.434, 1707.435, 1707.436, 1707.437, and | 42 |
1707.438 of the Revised Code and to amend Section | 43 |
3 of Am. Sub. H.B. 438 of the 121st General | 44 |
Assembly and to repeal Sections 3, 4, 5, 6, 7, 8, | 45 |
9, 13, and 16 of Am. Sub. H.B. 350 of the 121st | 46 |
General Assembly to repeal the Tort Reform Act, | 47 |
Am. Sub. H.B. 350 of the 121st General Assembly; | 48 |
to clarify the status of the law; to reorganize | 49 |
certain tort related provisions; and to revive | 50 |
prior law; to amend sections 2744.01 and 2744.03 | 51 |
of the Revised Code as scheduled to take effect on | 52 |
January 1, 2002, to continue the amendments of | 53 |
this act on and after that date; and to declare an | 54 |
emergency. | 55 |
Section 1. It is the intent of this act (1) to repeal the | 56 |
Tort Reform Act, Am. Sub. H.B. 350 of the 121st General Assembly, | 57 |
146 Ohio Laws 3867, in conformity with the Supreme Court of Ohio's | 58 |
decision in State, ex rel. Ohio Academy of Trial Lawyers, v. | 59 |
Sheward (1999), 86 Ohio St.3d 451; (2) to clarify the status of | 60 |
the law; and (3) to revive the law as it existed prior to the Tort | 61 |
Reform Act. | 62 |
Section 2.01. That sections 1701.95, 1707.01, 1901.18, | 63 |
2101.31, 2305.25, 2305.251, 2305.37, 2307.24, 2307.27, 2307.30, | 64 |
2307.60, 2307.61, 2313.46, 2315.23, 2315.24, 2743.18, 2743.19, | 65 |
2744.01, 2744.02, 2744.03, 2744.05, 3123.17, 4112.02, 4507.07, | 66 |
4513.263, 4582.27, and 5111.81 be amended; that sections 2307.24 | 67 |
(2307.16), 2307.27 (2307.17), 2307.30 (2307.18), 2315.07 | 68 |
(2315.05), 2315.08 (2315.06), 2315.18 (2315.07), 2315.23 | 69 |
(2315.08), and 2315.24 (2315.09) be amended for the purpose of | 70 |
adopting new section numbers as indicated in parentheses; that | 71 |
sections 109.36, 2117.06, 2125.01, 2125.02, 2125.04, 2305.10, | 72 |
2305.16, 2305.27, 2305.38, 2307.31, 2307.32, 2307.75, 2307.80, | 73 |
2315.01, 2315.19, 2315.21, 2501.02, 2744.06, 3722.08, 4112.14, | 74 |
4113.52, 4171.10, and 4399.18 be revived and amended; and that | 75 |
sections 163.17, 723.01, 1343.03, 1775.14, 2305.01, 2305.11, | 76 |
2305.35, 2307.33, 2307.71, 2307.72, 2307.73, 2307.78, 2315.18, | 77 |
2315.20, 2317.62, 2323.51, 2744.04, 4112.99, 4909.42, 5591.36, and | 78 |
5591.37 of the Revised Code be revived, all to read as follows: | 79 |
Sec. 109.36. As used in this section and sections 109.361 to | 80 |
109.366 of the Revised Code: | 81 |
(A) "Officer or employee" means any person who, at the time | 82 |
a cause of action against
| 83 |
elected or appointed office or position with the state or is | 84 |
employed by the state or any person that, at the time a cause of | 85 |
action against the person, partnership, or corporation arises, is | 86 |
rendering medical, nursing, dental, podiatric, optometric, | 87 |
physical therapeutic, psychiatric, or psychological services | 88 |
pursuant to a personal services contract or purchased service | 89 |
contract with a department, agency, or institution of the state; | 90 |
or is rendering medical services to patients in a state | 91 |
institution operated by the department of mental health, is a | 92 |
member of the institution's staff, and is performing the services | 93 |
pursuant to an agreement between the state institution and a board | 94 |
of alcohol, drug addiction, and mental health services described | 95 |
in section 340.021 of the Revised Code. "Officer or employee" | 96 |
does not include any person elected, appointed, or employed by any | 97 |
political subdivision of the state. | 98 |
(B) "State" means the state of Ohio, including but not | 99 |
limited to, the general assembly, the supreme court, the offices | 100 |
of all elected state officers, and all departments, boards, | 101 |
offices, commissions, agencies, institutions, and other | 102 |
instrumentalities of the state of Ohio. "State" does not include | 103 |
political subdivisions. | 104 |
(C) "Political subdivisions" of the state means municipal | 105 |
corporations, townships, counties, school districts, and all other | 106 |
bodies corporate and politic responsible for governmental | 107 |
activities only in geographical areas smaller than that of the | 108 |
state. | 109 |
(D) "Employer" means the general assembly, the supreme | 110 |
court, any office of an elected state officer, or any department, | 111 |
board, office, commission, agency, institution, or other | 112 |
instrumentality of the state of Ohio that employs or contracts | 113 |
with an officer or employee or to which an officer or employee is | 114 |
elected or appointed. | 115 |
Sec. 163.17. Where the agency has the right to take | 116 |
possession of the property before the verdict upon payment into | 117 |
court of a deposit, and a portion of said deposit may be withdrawn | 118 |
immediately by the owner, the amount of the verdict which exceeds | 119 |
the portion of the deposit withdrawable shall be subject to | 120 |
interest from the date of taking to the date of actual payment of | 121 |
the award. | 122 |
Where the agency has no right to take possession of the | 123 |
property before the verdict, if the award is not paid to the owner | 124 |
or deposited in court within twenty-one days after journalization | 125 |
of the verdict, interest thereafter shall accrue, except that | 126 |
where the owner appeals, interest shall not accrue until the | 127 |
agency takes possession. | 128 |
If the owner appeals and is granted a larger award, interest | 129 |
shall be paid on the additional amount awarded from the date of | 130 |
taking possession to the date of actual payment or date of deposit | 131 |
with immediate right of withdrawal. | 132 |
If the agency wishes to appeal, it may require the deposit to | 133 |
remain with the court pending final disposition of the case | 134 |
provided it pays interest on the final award from date of taking | 135 |
possession to the date the money is actually paid or made | 136 |
available to the owner; provided, the owner may withdraw the | 137 |
entire award upon posting an appropriate refund bond set by the | 138 |
court; and provided, that where a building or other structure is | 139 |
taken, the court may, on application of the owner, permit the | 140 |
owner to withdraw a reasonable portion of the award allocable to | 141 |
the building without giving bond. | 142 |
If the amount of any deposit actually withdrawn by the owner | 143 |
exceeds the final award from which no appeal is or can be taken, | 144 |
then the owner at the time of entry of judgment on such award | 145 |
shall refund at once to the court for the account of the agency | 146 |
the amount of such excess plus interest on such excess from the | 147 |
date of withdrawal of such excess until the date of such refund, | 148 |
and upon the failure of the owner to make such refund, the agency | 149 |
shall be entitled to a money judgment against the owner. | 150 |
Except for cases involving the department of transportation, | 151 |
interest as provided for in this section shall be at the rate of | 152 |
interest for judgments as set forth in section 1343.03 of the | 153 |
Revised Code. In a case involving the appropriation of property | 154 |
by the department of transportation, and the department is the | 155 |
sole public agency seeking to appropriate property in the case, | 156 |
interest as provided for in this section shall be at the per annum | 157 |
rate of either the interest rate as defined and established in | 158 |
division (B) of section 5703.47 of the Revised Code, or ten per | 159 |
cent, whichever is less. | 160 |
Sec. 723.01. Municipal corporations shall have special power | 161 |
to regulate the use of the streets. Except as provided in section | 162 |
5501.49 of the Revised Code, the legislative authority of a | 163 |
municipal corporation shall have the care, supervision, and | 164 |
control of the public highways, streets, avenues, alleys, | 165 |
sidewalks, public grounds, bridges, aqueducts, and viaducts within | 166 |
the municipal corporation, and the municipal corporation shall | 167 |
cause them to be kept open, in repair, and free from nuisance. | 168 |
Sec. 1343.03. (A) In cases other than those provided for in | 169 |
sections 1343.01 and 1343.02 of the Revised Code, when money | 170 |
becomes due and payable upon any bond, bill, note, or other | 171 |
instrument of writing, upon any book account, upon any settlement | 172 |
between parties, upon all verbal contracts entered into, and upon | 173 |
all judgments, decrees, and orders of any judicial tribunal for | 174 |
the payment of money arising out of tortious conduct or a contract | 175 |
or other transaction, the creditor is entitled to interest at the | 176 |
rate of ten per cent per annum, and no more, unless a written | 177 |
contract provides a different rate of interest in relation to the | 178 |
money that becomes due and payable, in which case the creditor is | 179 |
entitled to interest at the rate provided in that contract. | 180 |
(B) Except as provided in divisions (C) and (D) of this | 181 |
section, interest on a judgment, decree, or order for the payment | 182 |
of money rendered in a civil action based on tortious conduct, | 183 |
including, but not limited to a civil action based on tortious | 184 |
conduct that has been settled by agreement of the parties, shall | 185 |
be computed from the date the judgment, decree, or order is | 186 |
rendered to the date on which the money is paid. | 187 |
(C) Interest on a judgment, decree, or order for the payment | 188 |
of money rendered in a civil action based on tortious conduct and | 189 |
not settled by agreement of the parties, shall be computed from | 190 |
the date the cause of action accrued to the date on which the | 191 |
money is paid if, upon motion of any party to the action, the | 192 |
court determines at a hearing held subsequent to the verdict or | 193 |
decision in the action that the party required to pay the money | 194 |
failed to make a good faith effort to settle the case and that the | 195 |
party to whom the money is to be paid did not fail to make a good | 196 |
faith effort to settle the case. | 197 |
(D) Divisions (B) and (C) of this section do not apply to a | 198 |
judgment, decree, or order rendered in a civil action based on | 199 |
tortious conduct if a different period for computing interest on | 200 |
it is specified by law, or if it is rendered in an action against | 201 |
the state in the court of claims, or in an action under Chapter | 202 |
4123. of the Revised Code. | 203 |
Sec. 1701.95. (A)(1) In addition to any other liabilities | 204 |
imposed by law upon directors of a corporation and except as | 205 |
provided in division (B) of this section, directors shall be | 206 |
jointly and severally liable to the corporation as provided in | 207 |
division (A)(2) of this section if they vote for or assent to any | 208 |
of the following: | 209 |
(a) The payment of a dividend or distribution, the making of | 210 |
a distribution of assets to shareholders, or the purchase or | 211 |
redemption of the corporation's own shares, contrary in any such | 212 |
case to law or the articles; | 213 |
(b) A distribution of assets to shareholders during the | 214 |
winding up of the affairs of the corporation, on dissolution or | 215 |
otherwise, without the payment of all known obligations of the | 216 |
corporation or without making adequate provision for their | 217 |
payment; | 218 |
(c) The making of a loan, other than in the usual course of | 219 |
business, to an officer, director, or shareholder of the | 220 |
corporation, other than in either of the following cases: | 221 |
(i) In the case of a savings and loan association or of a | 222 |
corporation engaged in banking or in the making of loans | 223 |
generally; | 224 |
(ii) At the time of the making of the loan, a majority of | 225 |
the disinterested directors of the corporation voted for the loan | 226 |
and, taking into account the terms and provisions of the loan and | 227 |
other relevant factors, determined that the making of the loan | 228 |
could reasonably be expected to benefit the corporation. | 229 |
(2)(a) In cases under division (A)(1)(a) of this section, | 230 |
directors shall be jointly and severally liable up to the amount | 231 |
of the dividend, distribution, or other payment, in excess of the | 232 |
amount that could have been paid or distributed without violation | 233 |
of law or the articles but not in excess of the amount that would | 234 |
inure to the benefit of the creditors of the corporation if it was | 235 |
insolvent at the time of the payment or distribution or there was | 236 |
reasonable ground to believe that by that action it would be | 237 |
rendered insolvent, plus the amount that was paid or distributed | 238 |
to holders of shares of any class in violation of the rights of | 239 |
holders of shares of any other class. | 240 |
(b) In cases under division (A)(1)(b) of this section, | 241 |
directors shall be jointly and severally liable to the extent that | 242 |
the obligations of the corporation that are not otherwise barred | 243 |
by statute are not paid or for the payment of which adequate | 244 |
provision has not been made. | 245 |
(c) In cases under division (A)(1)(c) of this section, | 246 |
directors shall be jointly and severally liable for the amount of | 247 |
the loan with interest on it at the rate specified in
| 248 |
249 | |
paid. | 250 |
(B)(1) A director is not liable under division (A)(1)(a) or | 251 |
(b) of this section if, in determining the amount available for | 252 |
any dividend, purchase, redemption, or distribution to | 253 |
shareholders, the director in good faith relied on a financial | 254 |
statement of the corporation prepared by an officer or employee of | 255 |
the corporation in charge of its accounts or certified by a public | 256 |
accountant or firm of public accountants, the director in good | 257 |
faith considered the assets to be of their book value, or the | 258 |
director followed what the director believed to be sound | 259 |
accounting and business practice. | 260 |
(2) A director is not liable under division (A)(1)(c) of | 261 |
this section for making any loan to, or guaranteeing any loan to | 262 |
or other obligation of, an employee stock ownership plan, as | 263 |
defined in section 4975(e)(7) of the Internal Revenue Code. | 264 |
(C) A director who is present at a meeting of the directors | 265 |
or a committee of the directors at which action on any matter is | 266 |
authorized or taken and who has not voted for or against the | 267 |
action shall be presumed to have voted for the action unless that | 268 |
director's written dissent from the action is filed, either during | 269 |
the meeting or within a reasonable time after the adjournment of | 270 |
the meeting, with the person acting as secretary of the meeting or | 271 |
with the secretary of the corporation. | 272 |
(D) A shareholder who knowingly receives any dividend, | 273 |
distribution, or payment made contrary to law or the articles | 274 |
shall be liable to the corporation for the amount received by that | 275 |
shareholder that is in excess of the amount that could have been | 276 |
paid or distributed without violation of law or the articles. | 277 |
(E) A director against whom a claim is asserted under or | 278 |
pursuant to this section and who is held liable on the claim shall | 279 |
be entitled to contribution, on equitable principles, from other | 280 |
directors who also are liable. In addition, any director against | 281 |
whom a claim is asserted under or pursuant to this section or who | 282 |
is held liable shall have a right of contribution from the | 283 |
shareholders who knowingly received any dividend, distribution, or | 284 |
payment made contrary to law or the articles, and those | 285 |
shareholders as among themselves also shall be entitled to | 286 |
contribution in proportion to the amounts received by them | 287 |
respectively. | 288 |
(F) No action shall be brought by or on behalf of a | 289 |
corporation upon
| 290 |
(A)(1)(a) or (b) of this section at any time after two years from | 291 |
the day on which the violation occurs. | 292 |
(G) Nothing contained in this section shall preclude a | 293 |
creditor whose claim is unpaid from exercising the rights that | 294 |
that creditor otherwise would have by law to enforce that | 295 |
creditor's claim against assets of the corporation paid or | 296 |
distributed to shareholders. | 297 |
(H) The failure of a corporation to observe corporate | 298 |
formalities relating to meetings of directors or shareholders in | 299 |
connection with the management of the corporation's affairs shall | 300 |
not be considered a factor tending to establish that the | 301 |
shareholders have personal liability for corporate obligations. | 302 |
Sec. 1707.01. As used in this chapter: | 303 |
(A) Whenever the context requires it, "division" or | 304 |
"division of securities" may be read as "director of commerce" or | 305 |
as "commissioner of securities." | 306 |
(B) "Security" means any certificate or instrument that | 307 |
represents title to or interest in, or is secured by any lien or | 308 |
charge upon, the capital, assets, profits, property, or credit of | 309 |
any person or of any public or governmental body, subdivision, or | 310 |
agency. It includes shares of stock, certificates for shares of | 311 |
stock, membership interests in limited liability companies, | 312 |
voting-trust certificates, warrants and options to purchase | 313 |
securities, subscription rights, interim receipts, interim | 314 |
certificates, promissory notes, all forms of commercial paper, | 315 |
evidences of indebtedness, bonds, debentures, land trust | 316 |
certificates, fee certificates, leasehold certificates, syndicate | 317 |
certificates, endowment certificates, certificates or written | 318 |
instruments in or under profit-sharing or participation agreements | 319 |
or in or under oil, gas, or mining leases, or certificates or | 320 |
written instruments of any interest in or under the same, receipts | 321 |
evidencing preorganization or reorganization subscriptions, | 322 |
preorganization certificates, reorganization certificates, | 323 |
certificates evidencing an interest in any trust or pretended | 324 |
trust, any investment contract, any life settlement interest, any | 325 |
instrument evidencing a promise or an agreement to pay money, | 326 |
warehouse receipts for intoxicating liquor, and the currency of | 327 |
any government other than those of the United States and Canada, | 328 |
but sections 1707.01 to 1707.45 of the Revised Code do not apply | 329 |
to the sale of real estate. | 330 |
(C)(1) "Sale" has the full meaning of "sale" as applied by | 331 |
or accepted in courts of law or equity, and includes every | 332 |
disposition, or attempt to dispose, of a security or of an | 333 |
interest in a security. "Sale" also includes a contract to sell, | 334 |
an exchange, an attempt to sell, an option of sale, a solicitation | 335 |
of a sale, a solicitation of an offer to buy, a subscription, or | 336 |
an offer to sell, directly or indirectly, by agent, circular, | 337 |
pamphlet, advertisement, or otherwise. | 338 |
(2) "Sell" means any act by which a sale is made. | 339 |
(3) The use of advertisements, circulars, or pamphlets in | 340 |
connection with the sale of securities in this state exclusively | 341 |
to the purchasers specified in division (D) of section 1707.03 of | 342 |
the Revised Code is not a sale when the advertisements, circulars, | 343 |
and pamphlets describing and offering those securities bear a | 344 |
readily legible legend in substance as follows: "This offer is | 345 |
made on behalf of dealers licensed under sections 1707.01 to | 346 |
1707.45 of the Revised Code, and is confined in this state | 347 |
exclusively to institutional investors and licensed dealers." | 348 |
(4) The offering of securities by any person in conjunction | 349 |
with a licensed dealer by use of advertisement, circular, or | 350 |
pamphlet is not a sale if that person does not otherwise attempt | 351 |
to sell securities in this state. | 352 |
(5) Any security given with, or as a bonus on account of, | 353 |
any purchase of securities is conclusively presumed to constitute | 354 |
a part of the subject of that purchase and has been "sold." | 355 |
(6) "Sale" by an owner, pledgee, or mortgagee, or by a | 356 |
person acting in a representative capacity, includes sale on | 357 |
behalf of such party by an agent, including a licensed dealer or | 358 |
salesperson. | 359 |
(D) "Person," except as otherwise provided in this chapter, | 360 |
means a natural person, firm, partnership, limited partnership, | 361 |
partnership association, syndicate, joint-stock company, | 362 |
unincorporated association, trust or trustee except where the | 363 |
trust was created or the trustee designated by law or judicial | 364 |
authority or by a will, and a corporation or limited liability | 365 |
company organized under the laws of any state, any foreign | 366 |
government, or any political subdivision of a state or foreign | 367 |
government. | 368 |
(E)(1) "Dealer," except as otherwise provided in this | 369 |
chapter, means every person, other than a salesperson, who engages | 370 |
or professes to engage, in this state, for either all or part of | 371 |
the person's time, directly or indirectly, either in the business | 372 |
of the sale of securities for the person's own account, or in the | 373 |
business of the purchase or sale of securities for the account of | 374 |
others in the reasonable expectation of receiving a commission, | 375 |
fee, or other remuneration as a result of engaging in the purchase | 376 |
and sale of securities. "Dealer" does not mean any of the | 377 |
following: | 378 |
(a) Any issuer, including any officer, director, employee, | 379 |
or trustee of, or member or manager of, or partner in, or any | 380 |
general partner of, any issuer, that sells, offers for sale, or | 381 |
does any act in furtherance of the sale of a security that | 382 |
represents an economic interest in that issuer, provided no | 383 |
commission, fee, or other similar remuneration is paid to or | 384 |
received by the issuer for the sale; | 385 |
(b) Any licensed attorney, public accountant, or firm of | 386 |
such attorneys or accountants, whose activities are incidental to | 387 |
the practice of the attorney's, accountant's, or firm's | 388 |
profession; | 389 |
(c) Any person that, for the account of others, engages in | 390 |
the purchase or sale of securities that are issued and outstanding | 391 |
before such purchase and sale, if a majority or more of the equity | 392 |
interest of an issuer is sold in that transaction, and if, in the | 393 |
case of a corporation, the securities sold in that transaction | 394 |
represent a majority or more of the voting power of the | 395 |
corporation in the election of directors; | 396 |
(d) Any person that brings an issuer together with a | 397 |
potential investor and whose compensation is not directly or | 398 |
indirectly based on the sale of any securities by the issuer to | 399 |
the investor; | 400 |
(e) Any bank, savings and loan association, savings bank, or | 401 |
credit union chartered under the laws of the United States or any | 402 |
state of the United States, provided that all transactions are | 403 |
consummated by or through a person licensed pursuant to section | 404 |
1707.14 of the Revised Code; | 405 |
(f) Any person that the division of securities by rule | 406 |
exempts from the definition of "dealer" under division (E)(1) of | 407 |
this section. | 408 |
(2) "Licensed dealer" means a dealer licensed under this | 409 |
chapter. | 410 |
(F)(1) "Salesman" or "salesperson" means every natural | 411 |
person, other than a dealer, who is employed, authorized, or | 412 |
appointed by a dealer to sell securities within this state. | 413 |
(2) The general partners of a partnership, and the executive | 414 |
officers of a corporation or unincorporated association, licensed | 415 |
as a dealer are not salespersons within the meaning of this | 416 |
definition, nor are such clerical or other employees of an issuer | 417 |
or dealer as are employed for work to which the sale of securities | 418 |
is secondary and incidental; but the division of securities may | 419 |
require a license from any such partner, executive officer, or | 420 |
employee if it determines that protection of the public | 421 |
necessitates the licensing. | 422 |
(3) "Licensed salesperson" means a salesperson licensed | 423 |
under this chapter. | 424 |
(G) "Issuer" means every person who has issued, proposes to | 425 |
issue, or issues any security. | 426 |
(H) "Director" means each director or trustee of a | 427 |
corporation, each trustee of a trust, each general partner of a | 428 |
partnership, except a partnership association, each manager of a | 429 |
partnership association, and any person vested with managerial or | 430 |
directory power over an issuer not having a board of directors or | 431 |
trustees. | 432 |
(I) "Incorporator" means any incorporator of a corporation | 433 |
and any organizer of, or any person participating, other than in a | 434 |
representative or professional capacity, in the organization of an | 435 |
unincorporated issuer. | 436 |
(J) "Fraud," "fraudulent," "fraudulent acts," "fraudulent | 437 |
practices," or "fraudulent transactions" means anything recognized | 438 |
on or after July 22, 1929, as such in courts of law or equity; any | 439 |
device, scheme, or artifice to defraud or to obtain money or | 440 |
property by means of any false pretense, representation, or | 441 |
promise; any fictitious or pretended purchase or sale of | 442 |
securities; and any act, practice, transaction, or course of | 443 |
business relating to the purchase or sale of securities that is | 444 |
fraudulent or that has operated or would operate as a fraud upon | 445 |
the seller or purchaser. | 446 |
(K) Except as otherwise specifically provided, whenever any | 447 |
classification or computation is based upon "par value," as | 448 |
applied to securities without par value, the average of the | 449 |
aggregate consideration received or to be received by the issuer | 450 |
for each class of those securities shall be used as the basis for | 451 |
that classification or computation. | 452 |
(L)(1) "Intangible property" means patents, copyrights, | 453 |
secret processes, formulas, services, good will, promotion and | 454 |
organization fees and expenses, trademarks, trade brands, trade | 455 |
names, licenses, franchises, any other assets treated as | 456 |
intangible according to generally accepted accounting principles, | 457 |
and securities, accounts receivable, or contract rights having no | 458 |
readily determinable value. | 459 |
(2) "Tangible property" means all property other than | 460 |
intangible property and includes securities, accounts receivable, | 461 |
and contract rights, when the securities, accounts receivable, or | 462 |
contract rights have a readily determinable value. | 463 |
(M) "Public utilities" means those utilities defined in | 464 |
sections 4905.02, 4905.03, 4907.02, and 4907.03 of the Revised | 465 |
Code; in the case of a foreign corporation, it means those | 466 |
utilities defined as public utilities by the laws of its domicile; | 467 |
and in the case of any other foreign issuer, it means those | 468 |
utilities defined as public utilities by the laws of the situs of | 469 |
its principal place of business. The term always includes | 470 |
railroads whether or not they are so defined as public utilities. | 471 |
(N) "State" means any state of the United States, any | 472 |
territory or possession of the United States, the District of | 473 |
Columbia, and any province of Canada. | 474 |
(O) "Bank" means any bank, trust company, savings and loan | 475 |
association, savings bank, or credit union that is incorporated or | 476 |
organized under the laws of the United States, any state of the | 477 |
United States, Canada, or any province of Canada and that is | 478 |
subject to regulation or supervision by that country, state, or | 479 |
province. | 480 |
(P) "Include," when used in a definition, does not exclude | 481 |
other things or persons otherwise within the meaning of the term | 482 |
defined. | 483 |
(Q)(1) "Registration by description" means that the | 484 |
requirements of section 1707.08 of the Revised Code have been | 485 |
complied with. | 486 |
(2) "Registration by qualification" means that the | 487 |
requirements of sections 1707.09 and 1707.11 of the Revised Code | 488 |
have been complied with. | 489 |
(3) "Registration by coordination" means that there has been | 490 |
compliance with section 1707.091 of the Revised Code. Reference in | 491 |
this chapter to registration by qualification also shall be deemed | 492 |
to include registration by coordination unless the context | 493 |
otherwise indicates. | 494 |
(R) "Intoxicating liquor" includes all liquids and compounds | 495 |
that contain more than three and two-tenths per cent of alcohol by | 496 |
weight and are fit for use for beverage purposes. | 497 |
(S) "Institutional investor" means any corporation, bank, | 498 |
insurance company, pension fund or pension fund trust, employees' | 499 |
profit-sharing fund or employees' profit-sharing trust, any | 500 |
association engaged, as a substantial part of its business or | 501 |
operations, in purchasing or holding securities, or any trust in | 502 |
respect of which a bank is trustee or cotrustee. "Institutional | 503 |
investor" does not include any business entity formed for the | 504 |
primary purpose of evading sections 1707.01 to 1707.45 of the | 505 |
Revised Code. | 506 |
(T) "Securities Act of 1933," 48 Stat. 74, 15 U.S.C. 77a, | 507 |
"Securities Exchange Act of 1934," 48 Stat. 881, 15 U.S.C. 78a, | 508 |
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, | 509 |
"Investment Advisers Act of 1940," 54 Stat. 847, 15 U.S.C. 80b, | 510 |
and "Investment Company Act of 1940," 54 Stat. 789, 15 U.S.C. 80a | 511 |
mean the federal statutes of those names as amended before or | 512 |
after March 18, 1999. | 513 |
(U) "Securities and exchange commission" means the | 514 |
securities and exchange commission established by the Securities | 515 |
Exchange Act of 1934. | 516 |
(V)(1) "Control bid" means the purchase of or offer to | 517 |
purchase any equity security of a subject company from a resident | 518 |
of this state if either of the following applies: | 519 |
(a) After the purchase of that security, the offeror would | 520 |
be directly or indirectly the beneficial owner of more than ten | 521 |
per cent of any class of the issued and outstanding equity | 522 |
securities of the issuer. | 523 |
(b) The offeror is the subject company, there is a pending | 524 |
control bid by a person other than the issuer, and the number of | 525 |
the issued and outstanding shares of the subject company would be | 526 |
reduced by more than ten per cent. | 527 |
(2) For purposes of division (V)(1) of this section, | 528 |
"control bid" does not include any of the following: | 529 |
(a) A bid made by a dealer for the dealer's own account in | 530 |
the ordinary course of business of buying and selling securities; | 531 |
(b) An offer to acquire any equity security solely in | 532 |
exchange for any other security, or the acquisition of any equity | 533 |
security pursuant to an offer, for the sole account of the | 534 |
offeror, in good faith and not for the purpose of avoiding the | 535 |
provisions of this chapter, and not involving any public offering | 536 |
of the other security within the meaning of Section 4 of Title I | 537 |
of the "Securities Act of 1933," 48 Stat. 77, 15 U.S.C.A. 77d(2), | 538 |
as amended; | 539 |
(c) Any other offer to acquire any equity security, or the | 540 |
acquisition of any equity security pursuant to an offer, for the | 541 |
sole account of the offeror, from not more than fifty persons, in | 542 |
good faith and not for the purpose of avoiding the provisions of | 543 |
this chapter. | 544 |
(W) "Offeror" means a person who makes, or in any way | 545 |
participates or aids in making, a control bid and includes persons | 546 |
acting jointly or in concert, or who intend to exercise jointly or | 547 |
in concert any voting rights attached to the securities for which | 548 |
the control bid is made and also includes any subject company | 549 |
making a control bid for its own securities. | 550 |
(X)(1) "Investment adviser" means any person who, for | 551 |
compensation, engages in the business of advising others, either | 552 |
directly or through publications or writings, as to the value of | 553 |
securities or as to the advisability of investing in, purchasing, | 554 |
or selling securities, or who, for compensation and as a part of | 555 |
regular business, issues or promulgates analyses or reports | 556 |
concerning securities. | 557 |
(2) "Investment adviser" does not mean any of the following: | 558 |
(a) Any attorney, accountant, engineer, or teacher, whose | 559 |
performance of investment advisory services described in division | 560 |
(X)(1) of this section is solely incidental to the practice of the | 561 |
attorney's, accountant's, engineer's, or teacher's profession; | 562 |
(b) A publisher of any bona fide newspaper, news magazine, | 563 |
or business or financial publication of general and regular | 564 |
circulation; | 565 |
(c) A person who acts solely as an investment adviser | 566 |
representative; | 567 |
(d) A bank holding company, as defined in the "Bank Holding | 568 |
Company Act of 1956," 70 Stat. 133, 12 U.S.C. 1841, that is not an | 569 |
investment company; | 570 |
(e) A bank, or any receiver, conservator, or other | 571 |
liquidating agent of a bank; | 572 |
(f) Any licensed dealer or licensed salesperson whose | 573 |
performance of investment advisory services described in division | 574 |
(X)(1) of this section is solely incidental to the conduct of the | 575 |
dealer's or salesperson's business as a licensed dealer or | 576 |
licensed salesperson and who receives no special compensation for | 577 |
the services; | 578 |
(g) Any person, the advice, analyses, or reports of which do | 579 |
not relate to securities other than securities that are direct | 580 |
obligations of, or obligations guaranteed as to principal or | 581 |
interest by, the United States, or securities issued or guaranteed | 582 |
by corporations in which the United States has a direct or | 583 |
indirect interest, and that have been designated by the secretary | 584 |
of the treasury as exempt securities as defined in the "Securities | 585 |
Exchange Act of 1934," 48 Stat. 881, 15 U.S.C. 78c; | 586 |
(h) Any person that is excluded from the definition of | 587 |
investment adviser pursuant to section 202(a)(11)(A) to (E) of the | 588 |
"Investment Advisers Act of 1940," 15 U.S.C. 80b-2(a)(11), or that | 589 |
has received an order from the securities and exchange commission | 590 |
under section 202(a)(11)(F) of the "Investment Advisers Act of | 591 |
1940," 15 U.S.C. 80b-2(a)(11)(F), declaring that the person is not | 592 |
within the intent of section 202(a)(11) of the Investment Advisers | 593 |
Act of 1940. | 594 |
(i) Any other person that the division designates by rule, | 595 |
if the division finds that the designation is necessary or | 596 |
appropriate in the public interest or for the protection of | 597 |
investors or clients and consistent with the purposes fairly | 598 |
intended by the policy and provisions of this chapter. | 599 |
(Y)(1) "Subject company" means an issuer that satisfies both | 600 |
of the following: | 601 |
(a) Its principal place of business or its principal | 602 |
executive office is located in this state, or it owns or controls | 603 |
assets located within this state that have a fair market value of | 604 |
at least one million dollars. | 605 |
(b) More than ten per cent of its beneficial or record | 606 |
equity security holders are resident in this state, more than ten | 607 |
per cent of its equity securities are owned beneficially or of | 608 |
record by residents in this state, or more than one thousand of | 609 |
its beneficial or record equity security holders are resident in | 610 |
this state. | 611 |
(2) The division of securities may adopt rules to establish | 612 |
more specific application of the provisions set forth in division | 613 |
(Y)(1) of this section. Notwithstanding the provisions set forth | 614 |
in division (Y)(1) of this section and any rules adopted under | 615 |
this division, the division, by rule or in an adjudicatory | 616 |
proceeding, may make a determination that an issuer does not | 617 |
constitute a "subject company" under division (Y)(1) of this | 618 |
section if appropriate review of control bids involving the issuer | 619 |
is to be made by any regulatory authority of another jurisdiction. | 620 |
(Z) "Beneficial owner" includes any person who directly or | 621 |
indirectly through any contract, arrangement, understanding, or | 622 |
relationship has or shares, or otherwise has or shares, the power | 623 |
to vote or direct the voting of a security or the power to dispose | 624 |
of, or direct the disposition of, the security. "Beneficial | 625 |
ownership" includes the right, exercisable within sixty days, to | 626 |
acquire any security through the exercise of any option, warrant, | 627 |
or right, the conversion of any convertible security, or | 628 |
otherwise. Any security subject to any such option, warrant, | 629 |
right, or conversion privilege held by any person shall be deemed | 630 |
to be outstanding for the purpose of computing the percentage of | 631 |
outstanding securities of the class owned by that person, but | 632 |
shall not be deemed to be outstanding for the purpose of computing | 633 |
the percentage of the class owned by any other person. A person | 634 |
shall be deemed the beneficial owner of any security beneficially | 635 |
owned by any relative or spouse or relative of the spouse residing | 636 |
in the home of that person, any trust or estate in which that | 637 |
person owns ten per cent or more of the total beneficial interest | 638 |
or serves as trustee or executor, any corporation or entity in | 639 |
which that person owns ten per cent or more of the equity, and any | 640 |
affiliate or associate of that person. | 641 |
(AA) "Offeree" means the beneficial or record owner of any | 642 |
security that an offeror acquires or offers to acquire in | 643 |
connection with a control bid. | 644 |
(BB) "Equity security" means any share or similar security, | 645 |
or any security convertible into any such security, or carrying | 646 |
any warrant or right to subscribe to or purchase any such | 647 |
security, or any such warrant or right, or any other security | 648 |
that, for the protection of security holders, is treated as an | 649 |
equity security pursuant to rules of the division of securities. | 650 |
(CC)
| 651 |
652 | |
653 |
| 654 |
655 | |
656 | |
657 |
| 658 |
659 | |
660 | |
661 | |
662 |
| 663 |
664 |
| 665 |
666 | |
667 | |
668 |
| 669 |
| 670 |
671 | |
672 | |
673 |
| 674 |
675 | |
676 |
| 677 |
678 | |
679 | |
680 | |
681 |
| 682 |
683 | |
684 |
| 685 |
686 | |
687 |
| 688 |
689 | |
690 |
| 691 |
supervised person of an investment adviser, provided that the | 692 |
supervised person has more than five clients who are natural | 693 |
persons other than excepted persons defined in division
| 694 |
of this section, and that more than ten per cent of the supervised | 695 |
person's clients are natural persons other than excepted persons | 696 |
defined in division
| 697 |
representative" does not mean any of the following: | 698 |
(a) A supervised person that does not on a regular basis | 699 |
solicit, meet with, or otherwise communicate with clients of the | 700 |
investment adviser; | 701 |
(b) A supervised person that provides only investment | 702 |
advisory services described in division (X)(1) of this section by | 703 |
means of written materials or oral statements that do not purport | 704 |
to meet the objectives or needs of specific individuals or | 705 |
accounts; | 706 |
(c) Any other person that the division designates by rule, | 707 |
if the division finds that the designation is necessary or | 708 |
appropriate in the public interest or for the protection of | 709 |
investors or clients and is consistent with the provisions fairly | 710 |
intended by the policy and provisions of this chapter. | 711 |
(2) For the purpose of the calculation of clients in | 712 |
division
| 713 |
following persons are deemed a single client: Any minor child of | 714 |
the natural person; any relative, spouse, or relative of the | 715 |
spouse of the natural person who has the same principal residence | 716 |
as the natural person; all accounts of which the natural person or | 717 |
the persons referred to in
division
| 718 |
are the only primary beneficiaries; and all trusts of which the | 719 |
natural person or persons referred to in division
| 720 |
this section are the only primary beneficiaries. Persons who are | 721 |
not residents of the United States need not be included in the | 722 |
calculation of clients
under division
| 723 |
(3) If subsequent to March 18, 1999, amendments are enacted | 724 |
or adopted defining "investment adviser representative" for | 725 |
purposes of the Investment Advisers Act of 1940 or additional | 726 |
rules or regulations are promulgated by the securities and | 727 |
exchange commission regarding the definition of "investment | 728 |
adviser representative" for purposes of the Investment Advisers | 729 |
Act of 1940, the division of securities shall, by rule, adopt the | 730 |
substance of the amendments, rules, or regulations, unless the | 731 |
division finds that the amendments, rules, or regulations are not | 732 |
necessary for the protection of investors or in the public | 733 |
interest. | 734 |
| 735 |
any of the following: | 736 |
(1) A partner, officer, or director of an investment | 737 |
adviser, or other person occupying a similar status or performing | 738 |
similar functions with respect to an investment adviser; | 739 |
(2) An employee of an investment adviser; | 740 |
(3) A person who provides investment advisory services | 741 |
described in division (X)(1) of this section on behalf of the | 742 |
investment adviser and is subject to the supervision and control | 743 |
of the investment adviser. | 744 |
| 745 |
any of the following applies: | 746 |
(1) Immediately after entering into the investment advisory | 747 |
contract with the investment adviser, the person has at least | 748 |
seven hundred fifty thousand dollars under the management of the | 749 |
investment adviser. | 750 |
(2) The investment adviser reasonably believes either of the | 751 |
following at the time the investment advisory contract is entered | 752 |
into with the person: | 753 |
(a) The person has a net worth, together with assets held | 754 |
jointly with a spouse, of more than one million five hundred | 755 |
thousand dollars. | 756 |
(b) The person is a qualified purchaser as defined in | 757 |
division
| 758 |
(3) Immediately prior to entering into an investment | 759 |
advisory contract with the investment adviser, the person is | 760 |
either of the following: | 761 |
(a) An executive officer, director, trustee, general | 762 |
partner, or person serving in a similar capacity, of the | 763 |
investment adviser; | 764 |
(b) An employee of the investment adviser, other than an | 765 |
employee performing solely clerical, secretarial, or | 766 |
administrative functions or duties for the investment adviser, | 767 |
which employee, in connection with the employee's regular | 768 |
functions or duties, participates in the investment activities of | 769 |
the investment adviser, provided that, for at least twelve months, | 770 |
the employee has been performing such nonclerical, nonsecretarial, | 771 |
or nonadministrative functions or duties for or on behalf of the | 772 |
investment adviser or performing substantially similar functions | 773 |
or duties for or on behalf of another company. | 774 |
If subsequent to March 18, 1999, amendments are enacted or | 775 |
adopted defining "excepted person" for purposes of the Investment | 776 |
Advisers Act of 1940 or additional rules or regulations are | 777 |
promulgated by the securities and exchange commission regarding | 778 |
the definition of "excepted person" for purposes of the Investment | 779 |
Advisers Act of 1940, the division of securities shall, by rule, | 780 |
adopt the substance of the amendments, rules, or regulations, | 781 |
unless the division finds that the amendments, rules, or | 782 |
regulations are not necessary for the protection of investors or | 783 |
in the public interest. | 784 |
| 785 |
following: | 786 |
(a) A natural person who owns not less than five million | 787 |
dollars in investments as defined by rule by the division of | 788 |
securities; | 789 |
(b) A natural person, acting for the person's own account or | 790 |
accounts of other qualified purchasers, who in the aggregate owns | 791 |
and invests on a discretionary basis, not less than twenty-five | 792 |
million dollars in investments as defined by rule by the division | 793 |
of securities. | 794 |
(2) If subsequent to March 18, 1999, amendments are enacted | 795 |
or adopted defining "qualified purchaser" for purposes of the | 796 |
Investment Advisers Act of 1940 or additional rules or regulations | 797 |
are promulgated by the securities and exchange commission | 798 |
regarding the definition of "qualified purchaser" for purposes of | 799 |
the Investment Advisers Act of 1940, the division of securities | 800 |
shall, by rule, adopt the amendments, rules, or regulations, | 801 |
unless the division finds that the amendments, rules, or | 802 |
regulations are not necessary for the protection of investors or | 803 |
in the public interest. | 804 |
| 805 |
applied by or accepted in courts of law or equity and includes | 806 |
every acquisition of, or attempt to acquire, a security or an | 807 |
interest in a security. "Purchase" also includes a contract to | 808 |
purchase, an exchange, an attempt to purchase, an option to | 809 |
purchase, a solicitation of a purchase, a solicitation of an offer | 810 |
to sell, a subscription, or an offer to purchase, directly or | 811 |
indirectly, by agent, circular, pamphlet, advertisement, or | 812 |
otherwise. | 813 |
(2) "Purchase" means any act by which a purchase is made. | 814 |
(3) Any security given with, or as a bonus on account of, | 815 |
any purchase of securities is conclusively presumed to constitute | 816 |
a part of the subject of that purchase. | 817 |
| 818 |
interest or any fractional interest in an insurance policy or | 819 |
certificate of insurance, or in an insurance benefit under such a | 820 |
policy or certificate, that is the subject of a life settlement | 821 |
contract. | 822 |
For purposes of this division, "life settlement contract" | 823 |
means an agreement for the purchase, sale, assignment, transfer, | 824 |
devise, or bequest of any portion of the death benefit or | 825 |
ownership of any life insurance policy or contract, in return for | 826 |
consideration or any other thing of value that is less than the | 827 |
expected death benefit of the life insurance policy or contract. | 828 |
"Life settlement contract" includes a viatical settlement contract | 829 |
as defined in section 3916.01 of the Revised Code, but does not | 830 |
include any of the following: | 831 |
(1) A loan by an insurer under the terms of a life insurance | 832 |
policy, including, but not limited to, a loan secured by the cash | 833 |
value of the policy; | 834 |
(2) An agreement with a bank that takes an assignment of a | 835 |
life insurance policy as collateral for a loan; | 836 |
(3) The provision of accelerated benefits as defined in | 837 |
section 3915.21 of the Revised Code; | 838 |
(4) Any agreement between an insurer and a reinsurer; | 839 |
(5) An agreement by an individual to purchase an existing | 840 |
life insurance policy or contract from the original owner of the | 841 |
policy or contract, if the individual does not enter into more | 842 |
than one life settlement contract per calendar year; | 843 |
(6) The initial purchase of an insurance policy or | 844 |
certificate of insurance from its owner by a viatical settlement | 845 |
provider, as defined in section 3916.01 of the Revised Code, that | 846 |
is licensed under Chapter 3916. of the Revised Code. | 847 |
Sec. 1775.14. (A) Subject to section 1339.65 of the Revised | 848 |
Code and except as provided in division (B) of this section, all | 849 |
partners are liable as follows: | 850 |
(1) Jointly and severally for everything chargeable to the | 851 |
partnership under sections 1775.12 and 1775.13 of the Revised | 852 |
Code. This joint and several liability is not subject to division | 853 |
(D) of section 2315.19 of the Revised Code with respect to a | 854 |
negligence claim that otherwise is subject to that section. | 855 |
(2) Jointly for all other debts and obligations of the | 856 |
partnership, but any partner may enter into a separate obligation | 857 |
to perform a partnership contract. | 858 |
(B) Subject to divisions (C)(1) and (2) of this section or | 859 |
as otherwise provided in a written agreement between the partners | 860 |
of a registered limited liability partnership, a partner in a | 861 |
registered limited liability partnership is not liable, directly | 862 |
or indirectly, by way of indemnification, contribution, | 863 |
assessment, or otherwise, for debts, obligations, or other | 864 |
liabilities of any kind of, or chargeable to, the partnership or | 865 |
another partner or partners arising from negligence or from | 866 |
wrongful acts, errors, omissions, or misconduct, whether or not | 867 |
intentional or characterized as tort, contract, or otherwise, | 868 |
committed or occurring while the partnership is a registered | 869 |
limited liability partnership and committed or occurring in the | 870 |
course of the partnership business by another partner or an | 871 |
employee, agent, or representative of the partnership. | 872 |
(C)(1) Division (B) of this section does not affect the | 873 |
liability of a partner in a registered limited liability | 874 |
partnership for that partner's own negligence, wrongful acts, | 875 |
errors, omissions, or misconduct, including that partner's own | 876 |
negligence, wrongful acts, errors, omissions, or misconduct in | 877 |
directly supervising any other partner or any employee, agent, or | 878 |
representative of the partnership. | 879 |
(2) Division (B) of this section shall not affect the | 880 |
liability of a partner for liabilities imposed by Chapters 5735., | 881 |
5739., 5743., and 5747. and section 3734.908 of the Revised Code. | 882 |
(D) A partner in a registered limited liability partnership | 883 |
is not a proper party to an action or proceeding by or against a | 884 |
registered limited liability partnership with respect to any debt, | 885 |
obligation, or other liability of any kind described in division | 886 |
(B) of this section, unless the partner is liable under divisions | 887 |
(C)(1) and (2) of this section. | 888 |
Sec. 1901.18. (A) Except as otherwise provided in this | 889 |
division or section 1901.181 of the Revised Code, subject to the | 890 |
monetary jurisdiction of municipal courts as set forth in section | 891 |
1901.17 of the Revised Code, a municipal court has original | 892 |
jurisdiction within its territory in all of the following actions | 893 |
or proceedings and to perform all of the following functions: | 894 |
(1) In any civil action, of whatever nature or remedy, of | 895 |
which judges of county courts have jurisdiction; | 896 |
(2) In any action or proceeding at law for the recovery of | 897 |
money or personal property of which the court of common pleas has | 898 |
jurisdiction; | 899 |
(3) In any action at law based on contract, to determine, | 900 |
preserve, and enforce all legal and equitable rights involved in | 901 |
the contract, to decree an accounting, reformation, or | 902 |
cancellation of the contract, and to hear and determine all legal | 903 |
and equitable remedies necessary or proper for a complete | 904 |
determination of the rights of the parties to the contract; | 905 |
(4) In any action or proceeding for the sale of personal | 906 |
property under chattel mortgage, lien, encumbrance, or other | 907 |
charge, for the foreclosure and marshalling of liens on personal | 908 |
property of that nature, and for the rendering of personal | 909 |
judgment in the action or proceeding; | 910 |
(5) In any action or proceeding to enforce the collection of | 911 |
its own judgments or the judgments rendered by any court within | 912 |
the territory to which the municipal court has succeeded, and to | 913 |
subject the interest of a judgment debtor in personal property to | 914 |
satisfy judgments enforceable by the municipal court; | 915 |
(6) In any action or proceeding in the nature of | 916 |
interpleader; | 917 |
(7) In any action of replevin; | 918 |
(8) In any action of forcible entry and detainer; | 919 |
(9) In any action concerning the issuance and enforcement of | 920 |
temporary protection orders pursuant to section 2919.26 of the | 921 |
Revised Code or protection orders pursuant to section 2903.213 of | 922 |
the Revised Code or the enforcement of protection orders issued by | 923 |
courts of another state, as defined in section 2919.27 of the | 924 |
Revised Code; | 925 |
(10) If the municipal court has a housing or environmental | 926 |
division, in any action over which the division is given | 927 |
jurisdiction by section 1901.181 of the Revised Code, provided | 928 |
that, except as specified in division
| 929 |
judge of the court other than the judge of the division shall hear | 930 |
or determine any action over which the division has jurisdiction; | 931 |
(11) In any action brought pursuant to division (I) of | 932 |
section 3733.11 of the Revised Code, if the residential premises | 933 |
that are the subject of the action are located within the | 934 |
territorial jurisdiction of the court; | 935 |
(12) In any civil action as described in division (B)(1) of | 936 |
section 3767.41 of the Revised Code that relates to a public | 937 |
nuisance, and, to the extent any provision of this chapter | 938 |
conflicts or is inconsistent with a provision of that section, the | 939 |
provision of that section shall control in the civil action. | 940 |
(B) The Cleveland municipal court also shall have | 941 |
jurisdiction within its territory in all of the following actions | 942 |
or proceedings and to perform all of the following functions: | 943 |
(1) In all actions and proceedings for the sale of real | 944 |
property under lien of a judgment of the municipal court or a lien | 945 |
for machinery, material, or fuel furnished or labor performed, | 946 |
irrespective of amount, and, in those actions and proceedings, the | 947 |
court may proceed to foreclose and marshal all liens and all | 948 |
vested or contingent rights, to appoint a receiver, and to render | 949 |
personal judgment irrespective of amount in favor of any party. | 950 |
(2) In all actions for the foreclosure of a mortgage on real | 951 |
property given to secure the payment of money or the enforcement | 952 |
of a specific lien for money or other encumbrance or charge on | 953 |
real property, when the amount claimed by the plaintiff does not | 954 |
exceed fifteen thousand dollars and the real property is situated | 955 |
within the territory, and, in those actions, the court may proceed | 956 |
to foreclose all liens and all vested and contingent rights and | 957 |
may proceed to render judgments and make findings and orders | 958 |
between the parties in the same manner and to the same extent as | 959 |
in similar actions in the court of common pleas. | 960 |
(3) In all actions for the recovery of real property | 961 |
situated within the territory to the same extent as courts of | 962 |
common pleas have jurisdiction; | 963 |
(4) In all actions for injunction to prevent or terminate | 964 |
violations of the ordinances and regulations of the city of | 965 |
Cleveland enacted or promulgated under the police power of the | 966 |
city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio | 967 |
Constitution, over which the court of common pleas has or may have | 968 |
jurisdiction, and, in those actions, the court may proceed to | 969 |
render judgments and make findings and orders in the same manner | 970 |
and to the same extent as in similar actions in the court of | 971 |
common pleas. | 972 |
Sec. 2101.31. All questions of fact shall be determined by | 973 |
the probate judge,
unless
| 974 |
of fact to be tried
| 975 |
questions of fact to a special master commissioner as provided in | 976 |
sections
2101.06 and 2101.07 | 977 |
978 |
Sec. 2117.06. (A) All creditors having claims against an | 979 |
estate, including claims arising out of contract, out of tort, on | 980 |
cognovit notes, or on judgments, whether due or not due, secured | 981 |
or unsecured, liquidated or unliquidated, shall present their | 982 |
claims in one of the following manners: | 983 |
(1) To the executor or administrator in a writing; | 984 |
(2) To the executor or administrator in a writing, and to | 985 |
the probate court by filing a copy of the writing with it; | 986 |
(3) In a writing that is sent by ordinary mail addressed to | 987 |
the decedent and that is actually received by the executor or | 988 |
administrator within the appropriate time specified in division | 989 |
(B) of this section. For purposes of this division, if an | 990 |
executor or administrator is not a natural person, the writing | 991 |
shall be considered as being actually received by the executor or | 992 |
administrator only if the person charged with the primary | 993 |
responsibility of administering the estate of the decedent | 994 |
actually receives the writing within the appropriate time | 995 |
specified in division (B) of this section. | 996 |
(B) All claims shall be presented within one year after the | 997 |
death of the decedent, whether or not the estate is released from | 998 |
administration or an executor or administrator is appointed during | 999 |
that one-year period. Every claim presented shall set forth the | 1000 |
claimant's address. | 1001 |
(C) A claim that is not presented within one year
| 1002 |
the death of the decedent shall be forever barred as to all | 1003 |
parties, including, but not limited to, devisees, legatees, and | 1004 |
distributees. No payment shall be made on the claim and no action | 1005 |
shall be maintained on the claim, except as otherwise provided in | 1006 |
sections 2117.37 to 2117.42 of the Revised Code, with reference to | 1007 |
contingent claims. | 1008 |
(D) In the absence of any prior demand for allowance, the | 1009 |
executor or administrator shall allow or reject all claims, except | 1010 |
tax assessment claims, within thirty days after their | 1011 |
presentation, provided that failure of the executor or | 1012 |
administrator to allow or reject within that time shall not | 1013 |
prevent
| 1014 |
time and shall not prejudice the rights of any claimant. Upon the | 1015 |
allowance of a claim, the executor or the administrator, on demand | 1016 |
of the creditor, shall furnish the creditor with a written | 1017 |
statement or memorandum of the fact and date of such allowance. | 1018 |
(E) If the executor or administrator has actual knowledge of | 1019 |
a pending action commenced against the decedent prior to
| 1020 |
decedent's death in a court of record in this state, such executor | 1021 |
or administrator shall file a notice of his the appointment of the | 1022 |
executor or administrator in such pending action within ten days | 1023 |
after acquiring such knowledge. If the administrator or executor | 1024 |
is not a natural person, actual knowledge of a pending suit | 1025 |
against the decedent shall be limited to the actual knowledge of | 1026 |
the person charged with the primary responsibility of | 1027 |
administering the estate of the decedent. Failure to file the | 1028 |
notice within the ten-day period does not extend the claim period | 1029 |
established by this section. | 1030 |
(F) This section applies to any person who is required to | 1031 |
give written notice to the executor or administrator of a motion | 1032 |
or application to revive an action pending against the decedent at | 1033 |
the date of the death of the decedent. | 1034 |
(G) Nothing in this section or in section 2117.07 of the | 1035 |
Revised Code shall be construed to reduce the time mentioned in | 1036 |
section 2125.02, 2305.09, 2305.10, 2305.11, or 2305.12 of the | 1037 |
Revised Code, provided that no portion of any recovery on a claim | 1038 |
brought pursuant to any of those sections shall come from the | 1039 |
assets of an estate, unless the claim has been presented against | 1040 |
the estate in accordance with Chapter 2117. of the Revised Code. | 1041 |
(H) Any person whose claim has been presented, and not | 1042 |
thereafter rejected, is a creditor as that term is used in | 1043 |
Chapters 2113. to 2125. of the Revised Code. Claims that are | 1044 |
contingent need not be presented except as provided in sections | 1045 |
2117.37 to 2117.42 of the Revised Code, but, whether presented | 1046 |
pursuant to those sections or this section, contingent claims may | 1047 |
be presented in any of the manners described in division (A) of | 1048 |
this section. | 1049 |
(I) If a creditor presents a claim against an estate in | 1050 |
accordance with division (A)(2) of this section, the probate court | 1051 |
shall not close the administration of the estate until that claim | 1052 |
is allowed or rejected. | 1053 |
(J) The probate court shall not require an executor or | 1054 |
administrator to make and return into the court a schedule of | 1055 |
claims against the estate. | 1056 |
(K) If the executor or administrator makes a distribution of | 1057 |
the assets of the estate prior to the expiration of the time for | 1058 |
the filing of claims as set forth in this section,
| 1059 |
or administrator shall provide notice to each distributee as | 1060 |
provided in section 2113.533 of the Revised Code. | 1061 |
Sec. 2125.01. When the death of a person is caused by | 1062 |
wrongful act, neglect, or default which would have entitled the | 1063 |
party injured to maintain an action and recover damages if death | 1064 |
had not ensued, the person who would have been liable if death had | 1065 |
not ensued, or the administrator or executor of the estate of such | 1066 |
person, as such administrator or executor, shall be liable to an | 1067 |
action for
damages,
| 1068 |
the person injured and although the death was caused under | 1069 |
circumstances which make it aggravated murder, murder, or | 1070 |
manslaughter. When the action is against such administrator or | 1071 |
executor, the damages recovered shall be a valid claim against the | 1072 |
estate of such deceased person. No action for the wrongful death | 1073 |
of a person may be maintained against the owner or lessee of the | 1074 |
real property upon which the death occurred if the cause of the | 1075 |
death was the violent unprovoked act of a party other than the | 1076 |
owner, lessee, or a person under the control of the owner or | 1077 |
lessee, unless the acts or omissions of the owner, lessee, or | 1078 |
person under the control of the owner or lessee constitute gross | 1079 |
negligence. | 1080 |
When death is caused by a wrongful act, neglect, or default | 1081 |
in another state or foreign country, for which a right to maintain | 1082 |
an action and recover damages is given by a statute of such other | 1083 |
state or foreign country, such right of action may be enforced in | 1084 |
this state. Every such action shall be commenced within the time | 1085 |
prescribed for the commencement of such actions by the statute | 1086 |
of such other state or foreign country. | 1087 |
The same remedy shall apply to any such cause of action now | 1088 |
existing and to any such action commenced before January 1, 1932, | 1089 |
or attempted to be commenced in proper time and now appearing on | 1090 |
the files of any court within this state, and no prior law of this | 1091 |
state shall prevent the maintenance of such cause of action. | 1092 |
Sec. 2125.02. (A)(1) Except as provided in this division, | 1093 |
an action for wrongful death shall be brought in the name of the | 1094 |
personal representative of the decedent for the exclusive benefit | 1095 |
of the surviving spouse, the children, and the parents of the | 1096 |
decedent, all of whom are rebuttably presumed to have suffered | 1097 |
damages by reason of the wrongful death, and for the exclusive | 1098 |
benefit of the other next of kin of the decedent. A parent who | 1099 |
abandoned a minor child who is the decedent shall not receive any | 1100 |
benefit in a wrongful death action brought under this division. | 1101 |
(2) The jury, or the court if the action is not tried to a | 1102 |
jury, may award damages authorized by division (B) of this | 1103 |
section, as it determines are proportioned to the injury and loss | 1104 |
resulting to the beneficiaries described in division (A)(1) of | 1105 |
this section by reason of the wrongful death and may award the | 1106 |
reasonable funeral and burial expenses incurred as a result of the | 1107 |
wrongful death. In its verdict, the jury or court shall set forth | 1108 |
separately the amount, if any, awarded for the reasonable funeral | 1109 |
and burial expenses incurred as a result of the wrongful death. | 1110 |
(3)(a) The date of the decedent's death fixes, subject to | 1111 |
division (A)(3)(b)(iii) of this section, the status of all | 1112 |
beneficiaries of the action for purposes of determining the | 1113 |
damages suffered by them and the amount of damages to be awarded. | 1114 |
A person who is conceived prior to the decedent's death and who is | 1115 |
born alive after
| 1116 |
action. | 1117 |
(b)(i) In determining the amount of damages to be awarded, | 1118 |
the jury or court may consider all factors existing at the time of | 1119 |
the decedent's death that are relevant to a determination of the | 1120 |
damages suffered by reason of the wrongful death. | 1121 |
(ii) Consistent with the Rules of Evidence, any party to an | 1122 |
action for wrongful death may present evidence of the cost of an | 1123 |
annuity in connection with any issue of recoverable future | 1124 |
damages. If such evidence is presented, then, in addition to the | 1125 |
factors described in division (A)(3)(b)(i) of this section and, if | 1126 |
applicable, division (A)(3)(b)(iii) of this section, the jury or | 1127 |
court may consider that evidence in determining the future damages | 1128 |
suffered by reason of the wrongful death. If such evidence is | 1129 |
presented, the present value in dollars of any annuity is its | 1130 |
cost. | 1131 |
(iii) Consistent with the Rules of Evidence, any party to an | 1132 |
action for wrongful death may present evidence that the surviving | 1133 |
spouse of the decedent is remarried. If such evidence is | 1134 |
presented, then, in addition to the factors described in divisions | 1135 |
(A)(3)(b)(i) and (ii) of this section, the jury or court may | 1136 |
consider that evidence in determining the damages suffered by the | 1137 |
surviving spouse by reason of the wrongful death. | 1138 |
(B) Compensatory damages may be awarded in an action for | 1139 |
wrongful death and may include damages for the following: | 1140 |
(1) Loss of support from the reasonably expected earning | 1141 |
capacity of the decedent; | 1142 |
(2) Loss of services of the decedent; | 1143 |
(3) Loss of the society of the decedent, including loss of | 1144 |
companionship, consortium, care, assistance, attention, | 1145 |
protection, advice, guidance, counsel, instruction, training, and | 1146 |
education, suffered by the surviving spouse, minor children, | 1147 |
parents, or next of kin; | 1148 |
(4) Loss of prospective inheritance to the decedent's heirs | 1149 |
at law at the time of
| 1150 |
(5) The mental anguish incurred by the surviving spouse, | 1151 |
minor children, parents, or next of kin. | 1152 |
(C) A personal representative appointed in this state, with | 1153 |
the consent of the court making the appointment and at any time | 1154 |
before or after the commencement of an action for wrongful death, | 1155 |
may settle with the defendant the amount to be paid. | 1156 |
(D) An action for wrongful death shall be commenced within | 1157 |
two years after the decedent's death. | 1158 |
(E)(1) If the personal representative of a deceased minor | 1159 |
has actual knowledge or reasonable cause to believe that the minor | 1160 |
was abandoned by a parent seeking to benefit from the wrongful | 1161 |
death action or if any person listed in division (A)(1) of this | 1162 |
section who is permitted to benefit in a wrongful death action | 1163 |
filed in relation to a deceased minor has actual knowledge or | 1164 |
reasonable cause to believe that the minor was abandoned by a | 1165 |
parent seeking to benefit from the wrongful death action, the | 1166 |
personal representative or the person may file a motion in the | 1167 |
court in which the wrongful death action is filed requesting the | 1168 |
court to issue an order finding that the parent abandoned the | 1169 |
child and is not entitled to recover damages in the wrongful death | 1170 |
action based on the death of the deceased minor child. | 1171 |
(2) The movant who files a motion described in division | 1172 |
(E)(1) of this section shall name the parent who abandoned the | 1173 |
child and, whether or not that parent is a resident of this state, | 1174 |
the parent shall be served with a summons and a copy of the motion | 1175 |
in accordance with the Rules of Civil Procedure. Upon the filing | 1176 |
of the motion, the court shall conduct a hearing. In the hearing | 1177 |
on the motion, the movant has the burden of proving, by a | 1178 |
preponderance of the evidence, that the parent abandoned the | 1179 |
deceased minor child. If, at the hearing, the court finds that | 1180 |
the movant has sustained that burden of proof, the court shall | 1181 |
issue an order that includes its finding that the parent abandoned | 1182 |
the deceased minor child and, because of the prohibition set forth | 1183 |
in division (A) of this section, the parent is not entitled to | 1184 |
recover damages in the wrongful death action based on the death of | 1185 |
the deceased minor child. | 1186 |
(3) A motion requesting a court to issue an order finding | 1187 |
that the specified parent abandoned the child and is not entitled | 1188 |
to recover damages in the wrongful death action based on the death | 1189 |
of the deceased minor child may be filed at any time during the | 1190 |
pendency of the wrongful death action. | 1191 |
(F) As used in this section: | 1192 |
(1) "Annuity" means an annuity that would be purchased from | 1193 |
either of the following types of insurance companies: | 1194 |
(a) An insurance company that the A. M. Best Company, in its | 1195 |
most recently published rating guide of life insurance companies, | 1196 |
has rated A or better and has rated XII or higher as to financial | 1197 |
size or strength; | 1198 |
(b)(i) An insurance company that the superintendent of | 1199 |
insurance, under rules adopted pursuant to Chapter 119. of the | 1200 |
Revised Code for purposes of implementing this division, | 1201 |
determines is licensed to do business in this state and, | 1202 |
considering the factors described in division (F)(1)(b)(ii) of | 1203 |
this section, is a stable insurance company that issues annuities | 1204 |
that are safe and desirable. | 1205 |
(ii) In making determinations as described in division | 1206 |
(F)(1)(b)(i) of this section, the superintendent shall be guided | 1207 |
by the principle that the jury or court in an action for wrongful | 1208 |
death should be presented only with evidence as to the cost of | 1209 |
annuities that are safe and desirable for the beneficiaries of | 1210 |
such an action who are awarded compensatory damages under this | 1211 |
section. In making such determinations, the superintendent shall | 1212 |
consider the financial condition, general standing, operating | 1213 |
results, profitability, leverage, liquidity, amount and soundness | 1214 |
of reinsurance, adequacy of reserves, and the management of any | 1215 |
insurance company in question and also may consider ratings, | 1216 |
grades, and classifications of any nationally recognized rating | 1217 |
services of insurance companies and any other factors relevant to | 1218 |
the making of such determinations. | 1219 |
(2) "Future damages" means damages that result from the | 1220 |
wrongful death and that will accrue after the verdict or | 1221 |
determination of liability by the jury or court is rendered in the | 1222 |
action for wrongful death. | 1223 |
(3) "Abandoned" means that a parent of a minor failed without | 1224 |
justifiable cause to communicate with the minor, care for
| 1225 |
minor, and provide for
| 1226 |
as required by law or judicial decree for a period of at least one | 1227 |
year immediately prior to the date of the death of the minor. | 1228 |
(4) "Minor" means a person who is less than eighteen years of | 1229 |
age. | 1230 |
Sec. 2125.04. In every action for wrongful death commenced | 1231 |
or attempted to be commenced within the time specified by section | 1232 |
2125.02 of the Revised Code, if a judgment for the plaintiff is | 1233 |
reversed or if the plaintiff fails otherwise than upon the merits, | 1234 |
and the time limited by such section for the commencement of such | 1235 |
action has expired at the date of such reversal or failure, the | 1236 |
plaintiff or, if
| 1237 |
survives,
| 1238 |
commence a new action within one year after such date. | 1239 |
Sec. 2305.01. The court of common pleas has original | 1240 |
jurisdiction in all civil cases in which the sum or matter in | 1241 |
dispute exceeds the exclusive original jurisdiction of county | 1242 |
courts and appellate jurisdiction from the decisions of boards of | 1243 |
county commissioners. | 1244 |
The court of common pleas may on its own motion transfer for | 1245 |
trial any action in the court to any municipal court in the county | 1246 |
having concurrent jurisdiction of the subject matter of, and the | 1247 |
parties to, the action, if the amount sought by the plaintiff does | 1248 |
not exceed one thousand dollars and if the judge or presiding | 1249 |
judge of the municipal court concurs in the proposed transfer. | 1250 |
Upon the issuance of an order of transfer, the clerk of courts | 1251 |
shall remove to the designated municipal court the entire case | 1252 |
file. Any untaxed portion of the common pleas deposit for court | 1253 |
costs shall be remitted to the municipal court by the clerk of | 1254 |
courts to be applied in accordance with section 1901.26 of the | 1255 |
Revised Code, and the costs taxed by the municipal court shall be | 1256 |
added to any costs taxed in the common pleas court. | 1257 |
The court of common pleas has jurisdiction in any action | 1258 |
brought pursuant to division (I) of section 3733.11 of the Revised | 1259 |
Code if the residential premises that are the subject of the | 1260 |
action are located within the territorial jurisdiction of the | 1261 |
court. | 1262 |
The courts of common pleas of Adams, Athens, Belmont, Brown, | 1263 |
Clermont, Columbiana, Gallia, Hamilton, Jefferson, Lawrence, | 1264 |
Meigs, Monroe, Scioto, and Washington counties have jurisdiction | 1265 |
beyond the north or northwest shore of the Ohio river extending to | 1266 |
the opposite shore line, between the extended boundary lines of | 1267 |
any adjacent counties or adjacent state. Each of those courts of | 1268 |
common pleas has concurrent jurisdiction on the Ohio river with | 1269 |
any adjacent court of common pleas that borders on that river and | 1270 |
with any court of Kentucky or of West Virginia that borders on the | 1271 |
Ohio river and that has jurisdiction on the Ohio river under the | 1272 |
law of Kentucky or the law of West Virginia, whichever is | 1273 |
applicable, or under federal law. | 1274 |
Sec. 2305.10. An action for bodily injury or injuring | 1275 |
personal property shall be brought within two years after the | 1276 |
cause thereof arose. | 1277 |
For purposes of this section, a cause of action for bodily | 1278 |
injury caused by exposure to asbestos or to chromium in any of its | 1279 |
chemical forms arises upon the date on which the plaintiff is | 1280 |
informed by competent medical authority
that
| 1281 |
been injured by such exposure, or upon the date on which, by the | 1282 |
exercise of
reasonable diligence,
| 1283 |
become aware
that
| 1284 |
exposure, whichever date occurs first. | 1285 |
For purposes of this section, a cause of action for bodily | 1286 |
injury incurred by a veteran through exposure to chemical | 1287 |
defoliants or herbicides or other causative agents, including | 1288 |
agent orange, arises upon the date on which the plaintiff is | 1289 |
informed by competent medical authority that
| 1290 |
been injured by such exposure. | 1291 |
As used in this section, "agent orange," "causative agent," | 1292 |
and "veteran" have the same meanings as in section 5903.21 of the | 1293 |
Revised Code. | 1294 |
For purposes of this section, a cause of action for bodily | 1295 |
injury which may be caused by exposure to diethylstilbestrol or | 1296 |
other nonsteroidal synthetic estrogens, including exposure before | 1297 |
birth, upon the date on which the plaintiff learns from a licensed | 1298 |
physician that
| 1299 |
to such exposure, or upon the date on which by the exercise of | 1300 |
reasonable diligence
| 1301 |
that
| 1302 |
exposure, whichever date occurs first. | 1303 |
Sec. 2305.11. (A) An action for libel, slander, malicious | 1304 |
prosecution, or false imprisonment, an action for malpractice | 1305 |
other than an action upon a medical, dental, optometric, or | 1306 |
chiropractic claim, or an action upon a statute for a penalty or | 1307 |
forfeiture shall be commenced within one year after the cause of | 1308 |
action accrued, provided that an action by an employee for the | 1309 |
payment of unpaid minimum wages, unpaid overtime compensation, or | 1310 |
liquidated damages by reason of the nonpayment of minimum wages or | 1311 |
overtime compensation shall be commenced within two years after | 1312 |
the cause of action accrued. | 1313 |
(B)(1) Subject to division (B)(2) of this section, an action | 1314 |
upon a medical, dental, optometric, or chiropractic claim shall be | 1315 |
commenced within one year after the cause of action accrued, | 1316 |
except that, if prior to the expiration of that one-year period, a | 1317 |
claimant who allegedly possesses a medical, dental, optometric, or | 1318 |
chiropractic claim gives to the person who is the subject of that | 1319 |
claim written notice that the claimant is considering bringing an | 1320 |
action upon that claim, that action may be commenced against the | 1321 |
person notified at any time within one hundred eighty days after | 1322 |
the notice is so given. | 1323 |
(2) Except as to persons within the age of minority or of | 1324 |
unsound mind, as provided by section 2305.16 of the Revised Code: | 1325 |
(a) In no event shall any action upon a medical, dental, | 1326 |
optometric, or chiropractic claim be commenced more than four | 1327 |
years after the occurrence of the act or omission constituting the | 1328 |
alleged basis of the medical, dental, optometric, or chiropractic | 1329 |
claim. | 1330 |
(b) If an action upon a medical, dental, optometric, or | 1331 |
chiropractic claim is not commenced within four years after the | 1332 |
occurrence of the act or omission constituting the alleged basis | 1333 |
of the medical, dental, optometric, or chiropractic claim, then, | 1334 |
notwithstanding the time when the action is determined to accrue | 1335 |
under division (B)(1) of this section, any action upon that claim | 1336 |
is barred. | 1337 |
(C) A civil action for unlawful abortion pursuant to section | 1338 |
2919.12 of the Revised Code, a civil action authorized by division | 1339 |
(H) of section 2317.56 of the Revised Code, a civil action | 1340 |
pursuant to division (B)(1) or (2) of section 2307.51 of the | 1341 |
Revised Code for performing a dilation and extraction procedure or | 1342 |
attempting to perform a dilation and extraction procedure in | 1343 |
violation of section 2919.15 of the Revised Code, and a civil | 1344 |
action pursuant to division (B)(1) or (2) of section 2307.52 of | 1345 |
the Revised Code for terminating or attempting to terminate a | 1346 |
human pregnancy after viability in violation of division (A) or | 1347 |
(B) of section 2919.17 of the Revised Code shall be commenced | 1348 |
within one year after the performance or inducement of the | 1349 |
abortion, within one year after the attempt to perform or induce | 1350 |
the abortion in violation of division (A) or (B) of section | 1351 |
2919.17 of the Revised Code, within one year after the performance | 1352 |
of the dilation and extraction procedure, or, in the case of a | 1353 |
civil action pursuant to division (B)(2) of section 2307.51 of the | 1354 |
Revised Code, within one year after the attempt to perform the | 1355 |
dilation and extraction procedure. | 1356 |
(D) As used in this section: | 1357 |
(1) "Hospital" includes any person, corporation, association, | 1358 |
board, or authority that is responsible for the operation of any | 1359 |
hospital licensed or registered in the state, including, but not | 1360 |
limited to, those which are owned or operated by the state, | 1361 |
political subdivisions, any person, any corporation, or any | 1362 |
combination thereof. "Hospital" also includes any person, | 1363 |
corporation, association, board, entity, or authority that is | 1364 |
responsible for the operation of any clinic that employs a | 1365 |
full-time staff of physicians practicing in more than one | 1366 |
recognized medical specialty and rendering advice, diagnosis, | 1367 |
care, and treatment to individuals. "Hospital" does not include | 1368 |
any hospital operated by the government of the United States or | 1369 |
any of its branches. | 1370 |
(2) "Physician" means a person who is licensed to practice | 1371 |
medicine and surgery or osteopathic medicine and surgery by the | 1372 |
state medical board or a person who otherwise is authorized to | 1373 |
practice medicine and surgery or osteopathic medicine and surgery | 1374 |
in this state. | 1375 |
(3) "Medical claim" means any claim that is asserted in any | 1376 |
civil action against a physician, podiatrist, or hospital, against | 1377 |
any employee or agent of a physician, podiatrist, or hospital, or | 1378 |
against a registered nurse or physical therapist, and that arises | 1379 |
out of the medical diagnosis, care, or treatment of any person. | 1380 |
"Medical claim" includes derivative claims for relief that arise | 1381 |
from the medical diagnosis, care, or treatment of a person. | 1382 |
(4) "Podiatrist" means any person who is licensed to practice | 1383 |
podiatric medicine and surgery by the state medical board. | 1384 |
(5) "Dentist" means any person who is licensed to practice | 1385 |
dentistry by the state dental board. | 1386 |
(6) "Dental claim" means any claim that is asserted in any | 1387 |
civil action against a dentist, or against any employee or agent | 1388 |
of a dentist, and that arises out of a dental operation or the | 1389 |
dental diagnosis, care, or treatment of any person. "Dental claim" | 1390 |
includes derivative claims for relief that arise from a dental | 1391 |
operation or the dental diagnosis, care, or treatment of a person. | 1392 |
(7) "Derivative claims for relief" include, but are not | 1393 |
limited to, claims of a parent, guardian, custodian, or spouse of | 1394 |
an individual who was the subject of any medical diagnosis, care, | 1395 |
or treatment, dental diagnosis, care, or treatment, dental | 1396 |
operation, optometric diagnosis, care, or treatment, or | 1397 |
chiropractic diagnosis, care, or treatment, that arise from that | 1398 |
diagnosis, care, treatment, or operation, and that seek the | 1399 |
recovery of damages for any of the following: | 1400 |
(a) Loss of society, consortium, companionship, care, | 1401 |
assistance, attention, protection, advice, guidance, counsel, | 1402 |
instruction, training, or education, or any other intangible loss | 1403 |
that was sustained by the parent, guardian, custodian, or spouse; | 1404 |
(b) Expenditures of the parent, guardian, custodian, or | 1405 |
spouse for medical, dental, optometric, or chiropractic care or | 1406 |
treatment, for rehabilitation services, or for other care, | 1407 |
treatment, services, products, or accommodations provided to the | 1408 |
individual who was the subject of the medical diagnosis, care, or | 1409 |
treatment, the dental diagnosis, care, or treatment, the dental | 1410 |
operation, the optometric diagnosis, care, or treatment, or the | 1411 |
chiropractic diagnosis, care, or treatment. | 1412 |
(8) "Registered nurse" means any person who is licensed to | 1413 |
practice nursing as a registered nurse by the state board of | 1414 |
nursing. | 1415 |
(9) "Chiropractic claim" means any claim that is asserted in | 1416 |
any civil action against a chiropractor, or against any employee | 1417 |
or agent of a chiropractor, and that arises out of the | 1418 |
chiropractic diagnosis, care, or treatment of any person. | 1419 |
"Chiropractic claim" includes derivative claims for relief that | 1420 |
arise from the chiropractic diagnosis, care, or treatment of a | 1421 |
person. | 1422 |
(10) "Chiropractor" means any person who is licensed to | 1423 |
practice chiropractic by the chiropractic examining board. | 1424 |
(11) "Optometric claim" means any claim that is asserted in | 1425 |
any civil action against an optometrist, or against any employee | 1426 |
or agent of an optometrist, and that arises out of the optometric | 1427 |
diagnosis, care, or treatment of any person. "Optometric claim" | 1428 |
includes derivative claims for relief that arise from the | 1429 |
optometric diagnosis, care, or treatment of a person. | 1430 |
(12) "Optometrist" means any person licensed to practice | 1431 |
optometry by the state board of optometry. | 1432 |
(13) "Physical therapist" means any person who is licensed to | 1433 |
practice physical therapy under Chapter 4755. of the Revised Code. | 1434 |
Sec. 2305.16. Unless otherwise provided in sections 1302.98, | 1435 |
1304.35, and 2305.04 to 2305.14 of the Revised Code, if a person | 1436 |
entitled to bring any action mentioned in those sections, unless | 1437 |
for penalty or forfeiture, is, at the time the cause of action | 1438 |
accrues, within the age of minority or of unsound mind, the person | 1439 |
may bring it within the respective times limited by those | 1440 |
sections, after the disability is removed. When the interests of | 1441 |
two or more parties are joint and inseparable, the disability of | 1442 |
one shall inure to the benefit of all. | 1443 |
After the cause of action accrues, if the person entitled to | 1444 |
bring the action becomes of unsound mind and is adjudicated as | 1445 |
such by a court of competent jurisdiction or is confined in an | 1446 |
institution or hospital under a diagnosed condition or disease | 1447 |
which renders
| 1448 |
which
| 1449 |
confined shall not be computed as any part of the period within | 1450 |
which the action must be brought. | 1451 |
Sec. 2305.25.
| 1452 |
or local society, and
no individual
who is a member
| 1453 |
1454 | |
1455 | |
be liable in damages to any person for any acts, omissions, | 1456 |
decisions, or other conduct within the scope of the functions of | 1457 |
the
| 1458 |
| 1459 |
assurance, or tissue committee of a hospital or long-term care | 1460 |
facility, a nonprofit health care corporation which is a member of | 1461 |
the hospital or long-term care facility or of which the hospital | 1462 |
or facility is a member, or a community mental health center; | 1463 |
| 1464 |
facility or of a nonprofit health care corporation which is a | 1465 |
member of the hospital or long-term care facility or of which the | 1466 |
hospital or long-term care facility is a member reviewing | 1467 |
professional qualifications or activities of the medical staff of | 1468 |
the hospital or long-term care facility or applicants for | 1469 |
admission to the medical staff; | 1470 |
| 1471 |
composed of doctors of medicine, doctors of osteopathic medicine, | 1472 |
or doctors of podiatric medicine; | 1473 |
| 1474 |
committee, or arbitration committee of a state or local society | 1475 |
composed of doctors of medicine, doctors of osteopathic medicine, | 1476 |
doctors of dentistry, doctors of optometry, doctors of podiatric | 1477 |
medicine, psychologists, or pharmacists; | 1478 |
| 1479 |
corporation that has at least a two-thirds majority of member | 1480 |
physicians in active practice and that conducts professional | 1481 |
credentialing and quality review activities involving the | 1482 |
competence or professional conduct of health care providers, which | 1483 |
conduct adversely affects, or could adversely affect, the health | 1484 |
or welfare of any patient. For purposes of this division, "health | 1485 |
insuring corporation" includes wholly owned subsidiaries of a | 1486 |
health insuring corporation. | 1487 |
| 1488 |
under Title XXXIX of the Revised Code to do the business of | 1489 |
sickness and accident insurance in this state that has at least a | 1490 |
two-thirds majority of physicians in active practice and that | 1491 |
conducts professional credentialing and quality review activities | 1492 |
involving the competence or professional conduct of health care | 1493 |
providers, which conduct adversely affects, or could adversely | 1494 |
affect, the health or welfare of any patient; | 1495 |
| 1496 |
under Title XXXIX of the Revised Code to do the business of | 1497 |
sickness and accident insurance in this state that has at least a | 1498 |
two-thirds majority of physicians in active practice and that | 1499 |
conducts professional credentialing and quality review activities | 1500 |
involving the competence or professional conduct of a health care | 1501 |
facility that has contracted with the insurer to provide health | 1502 |
care services to insureds, which conduct adversely affects, or | 1503 |
could adversely affect, the health or welfare of any patient; | 1504 |
| 1505 |
1506 | |
1507 | |
1508 | |
1509 | |
1510 | |
1511 |
| 1512 |
| 1513 |
1514 | |
1515 | |
1516 | |
1517 | |
1518 | |
1519 |
| 1520 |
1521 | |
1522 | |
1523 |
| 1524 |
1525 | |
1526 | |
1527 |
| 1528 |
1529 | |
1530 |
| 1531 |
1532 | |
1533 | |
1534 | |
1535 | |
1536 | |
1537 |
| 1538 |
1539 | |
1540 | |
1541 | |
1542 | |
1543 | |
1544 |
| 1545 |
1546 | |
1547 | |
1548 |
| 1549 |
individual or
| 1550 |
from
treatment of a
patient or resident.
| 1551 |
1552 | |
1553 |
This section shall also apply to any member or employee of a | 1554 |
nonprofit corporation engaged in performing the functions of a | 1555 |
peer review committee of nursing home providers or administrators | 1556 |
or of a peer review or professional standards review committee. | 1557 |
| 1558 |
without malice and in the reasonable belief that the information | 1559 |
is warranted by the facts known to the person shall be subject to | 1560 |
suit for civil damages as a result of providing the information. | 1561 |
| 1562 |
| 1563 |
1564 | |
1565 | |
1566 | |
1567 | |
1568 |
| 1569 |
1570 | |
1571 | |
1572 | |
1573 | |
1574 | |
1575 | |
1576 | |
1577 | |
1578 | |
1579 |
| 1580 |
| 1581 |
1582 |
| 1583 |
1584 | |
1585 | |
1586 |
| 1587 |
1588 | |
1589 |
| 1590 |
1591 | |
1592 | |
1593 | |
1594 | |
1595 | |
1596 |
Sec. 2305.251. Proceedings and records
| 1597 |
1598 | |
| 1599 |
of the Revised Code shall be held in confidence and shall not be | 1600 |
subject to discovery or introduction in evidence in any civil | 1601 |
action against a health care professional, a hospital, a long-term | 1602 |
care facility, a not-for-profit health care corporation that is a | 1603 |
member of a hospital or long-term care facility or of which a | 1604 |
hospital or long-term care facility is a member, or another health | 1605 |
care
| 1606 |
subject of
evaluation and review by
the
| 1607 |
1608 | |
| 1609 |
1610 | |
permitted or required to testify in any civil action as to any | 1611 |
evidence or other matters produced or presented during the | 1612 |
proceedings of the
| 1613 |
to any finding, recommendation, evaluation, opinion, or other | 1614 |
action of the
| 1615 |
| 1616 |
otherwise available from original sources are not to be construed | 1617 |
as being unavailable for discovery or for use in any civil action | 1618 |
merely
because they were presented during proceedings of a
| 1619 |
1620 | |
before
a
| 1621 |
member
| 1622 |
be prevented from testifying as to matters within the person's | 1623 |
knowledge, but the witness cannot be asked about the witness's | 1624 |
testimony before the
| 1625 |
opinion formed by the witness as a result of
the
| 1626 |
committee | 1627 |
1628 | |
1629 |
Sec. 2305.27. Except as provided in section 2743.02 of the | 1630 |
Revised Code, in any medical claim, as defined in division (D) of | 1631 |
section 2305.11 of the Revised Code, an award of damages shall not | 1632 |
be reduced by insurance proceeds or payments or other benefits | 1633 |
paid under any insurance policy or contract where the premium or | 1634 |
cost of such insurance policy or contract was paid either by or | 1635 |
for the person who has obtained the award, or by
| 1636 |
employer, or both, or by direct payments from
| 1637 |
employer, but shall be reduced by any other collateral recovery | 1638 |
for medical and hospital care, custodial care or rehabilitation | 1639 |
services, and loss of earned income. Unless otherwise expressly | 1640 |
provided by statute, a collateral source of indemnity shall not be | 1641 |
subrogated to the claimant against a physician, podiatrist, or | 1642 |
hospital. | 1643 |
Sec. 2305.35. (A) As used in this section: | 1644 |
(1) "Agency" has the same meaning as in section 2305.37 of | 1645 |
the Revised Code. | 1646 |
(2) "Donor" means an owner, lessee, renter, or operator of a | 1647 |
farm or other real property who gives permission to a gleaner to | 1648 |
enter the property to salvage free-of-charge food items remaining | 1649 |
on the property for subsequent donations of the food items to, or | 1650 |
subsequent distributions of the food items by, an agency or | 1651 |
nonprofit organization. | 1652 |
(3) "Gleaner" means any person that, with the permission of | 1653 |
the owner, lessee, renter, or operator of a farm or other real | 1654 |
property, enters the property to salvage free-of-charge food items | 1655 |
remaining on the property for subsequent donations of the food | 1656 |
items to, or subsequent distributions of the food items by, an | 1657 |
agency or nonprofit organization. | 1658 |
(4) "Hazard" means a risk of serious physical harm to persons | 1659 |
or property. | 1660 |
(5) "Nonprofit organization" means a corporation, | 1661 |
association, group, institution, society, or other organization | 1662 |
that is exempt from federal income taxation under section | 1663 |
501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085, | 1664 |
26 U.S.C. 501(c)(3), as amended. | 1665 |
(6) "Tort action" means a civil action for damages for | 1666 |
injury, death, or loss to person or property. "Tort action" | 1667 |
includes a product liability claim that is subject to sections | 1668 |
2307.71 to 2307.80 of the Revised Code but does not include a | 1669 |
civil action for damages for a breach of contract or another | 1670 |
agreement between persons. | 1671 |
(B)(1) Except as provided in division (B)(2) of this | 1672 |
section, a donor is not liable in damages to any person in a tort | 1673 |
action for injury, death, or loss to person or property sustained | 1674 |
by a gleaner as a result of any of the following: | 1675 |
(a) Any condition of the farm or other real property on | 1676 |
which the gleaner is salvaging food items; | 1677 |
(b) Any normal agricultural operations occurring on the farm | 1678 |
or other real property on which the gleaner is salvaging food | 1679 |
items; | 1680 |
(c) Any risks of physical harm to persons or property | 1681 |
involved in salvaging the food items the gleaner is salvaging. | 1682 |
(2) The immunity described in division (B)(1) of this | 1683 |
section does not apply to a donor in a tort action for injury, | 1684 |
death, or loss to person or property sustained by a gleaner as a | 1685 |
result of any condition, operations, or risks described in | 1686 |
division (B)(1)(a), (b), or (c) of this section if the injury, | 1687 |
death, or loss to person or property sustained by the gleaner was | 1688 |
caused by any of the following actions or omissions: | 1689 |
(a) An action or omission of the donor that constitutes | 1690 |
negligence, if that negligence involves one or both of the | 1691 |
following: | 1692 |
(i) The failure of the donor to warn the gleaner of a hazard | 1693 |
of which the donor had actual knowledge prior to the gleaner | 1694 |
entering the property; | 1695 |
(ii) The creation or enhancement of a hazard by the donor | 1696 |
prior to the gleaner entering the property. | 1697 |
(b) An action or omission of the donor that constitutes | 1698 |
willful or wanton misconduct or intentionally tortious conduct; | 1699 |
(c) An action or omission of an employee of the donor, a | 1700 |
family member of the donor or another person associated with the | 1701 |
donor that is imputable to the donor and that constitutes | 1702 |
negligence, if that negligence involves one or both of the | 1703 |
following: | 1704 |
(i) The failure of the employee, family member, or other | 1705 |
associated person to warn the gleaner of a hazard of which the | 1706 |
employee, family member, or other associated person had actual | 1707 |
knowledge prior to the gleaner entering the property; | 1708 |
(ii) The creation or enhancement of a hazard by the | 1709 |
employee, family member, or other associated person prior to the | 1710 |
gleaner entering the property. | 1711 |
(d) An action or omission of an employee of the donor, a | 1712 |
family member of the donor, or another person associated with the | 1713 |
donor, that is imputable to the donor and that constitutes willful | 1714 |
or wanton misconduct. | 1715 |
(C)(1) This section does not create a new cause of action or | 1716 |
substantive legal right against donors. | 1717 |
(2) This section does not affect any immunities from or | 1718 |
defenses to tort liability established by another section of the | 1719 |
Revised Code or available at common law, to which donors may be | 1720 |
entitled under circumstances not covered by this section. | 1721 |
Sec. 2305.37. (A) As used in this section: | 1722 |
(1) "Agency" means any nonhospital, charitable nonprofit | 1723 |
corporation that is organized and operated pursuant to Chapter | 1724 |
1702. of the Revised Code and that satisfies both of the | 1725 |
following, or any nonhospital, charitable association, group, | 1726 |
institution, organization, or society that is not organized and | 1727 |
not operated for profit and that satisfies both of the following: | 1728 |
(a) It distributes perishable food, directly or indirectly, | 1729 |
to individuals in need. | 1730 |
(b) It does not charge or accept any form of compensation | 1731 |
from the individuals in need for the distribution of the | 1732 |
perishable food to them. | 1733 |
(2) "Food service operation" has the same meaning as in | 1734 |
section 3717.01 of the Revised Code. | 1735 |
(3) "Food that is gleaned" means perishable food that | 1736 |
remains on a farm or other real property and that the owner, | 1737 |
lessee, renter, or operator of the property permits one or more | 1738 |
persons to salvage free-of-charge for subsequent donation to one | 1739 |
or more agencies. | 1740 |
(4) "Harm" means injury, death, or loss to person or | 1741 |
property. | 1742 |
(5) "Hospital" has the same meaning as in section 2108.01, | 1743 |
3701.01, or 5122.01 of the Revised Code. | 1744 |
(6) "Individuals in need" means those persons who an agency | 1745 |
determines are eligible to receive free distributions of | 1746 |
perishable food because of poverty, illness, disability, infancy, | 1747 |
or other conditions or circumstances that may result in persons | 1748 |
having a need to receive free distributions of perishable food. | 1749 |
(7) "Perishable food" means any food that may spoil or | 1750 |
otherwise become unfit for human consumption because of its | 1751 |
nature, age, or physical condition. "Perishable food" includes, | 1752 |
but is not limited to, fresh meats, processed meats, poultry, fish | 1753 |
and other seafood, dairy products, bakery products, eggs in the | 1754 |
shell, fresh fruits, fresh vegetables, food that is gleaned, food | 1755 |
that is packaged, refrigerated, or frozen, food that is canned, | 1756 |
and prepared or other food that has not been served by a | 1757 |
restaurant, cafeteria, hospital, hotel, caterer, or other food | 1758 |
service operation to any customer, patient, or other person in the | 1759 |
ordinary course of business, by a public or private school, | 1760 |
college, university, or other educational institution to a student | 1761 |
or another person on the premises in the ordinary course of the | 1762 |
operation of the institution, or by a fraternal, veteran's, or | 1763 |
other organization to its members or other persons on the premises | 1764 |
in the ordinary course of the operation of the organization. | 1765 |
(8) "Person" has the same meaning as in section 1.59 of the | 1766 |
Revised Code and additionally includes governmental entities. | 1767 |
(9) "Sale date" has the same meaning as in section 3715.171 | 1768 |
of the Revised Code. | 1769 |
(10) "Tort action" means a civil action for damages for | 1770 |
injury, death, or loss to person or property. "Tort action" | 1771 |
includes a product liability claim that is subject to sections | 1772 |
2307.71 to 2307.80 of the Revised Code but does not include a | 1773 |
civil action for a breach of contract or another agreement between | 1774 |
persons. | 1775 |
(B) Notwithstanding Chapter 3715. of the Revised Code, a | 1776 |
person who, in good faith, donates perishable food to an agency is | 1777 |
not liable in damages in a tort action for harm that allegedly | 1778 |
arises because that perishable food, when distributed by the | 1779 |
agency or any other agency to a particular individual in need, is | 1780 |
not fit for human consumption, if both of the following apply: | 1781 |
(1) Prior to the donation of the perishable food to the | 1782 |
agency, the person determines that the perishable food will be fit | 1783 |
for human consumption at the time of its donation. A presumption | 1784 |
favoring liability does not arise because the perishable food is | 1785 |
donated to an agency on or after an applicable sale date. | 1786 |
(2) The person does not make the determination that the | 1787 |
perishable food will be fit for human consumption at the time of | 1788 |
its donation to the agency in a manner that constitutes negligence | 1789 |
or willful or wanton misconduct. | 1790 |
(C)(1) This section does not create a new cause of action or | 1791 |
substantive legal right against persons who donate perishable food | 1792 |
to an agency. | 1793 |
(2) This section does not affect any immunities from or | 1794 |
defenses to tort liability established by another section of the | 1795 |
Revised Code or available at common law to which persons who | 1796 |
donate perishable food other than to agencies may be entitled. | 1797 |
Sec. 2305.38. (A) As used in this section: | 1798 |
(1) "Charitable organization" means either of the following: | 1799 |
(a) Any charitable nonprofit corporation that is organized | 1800 |
and operated pursuant to Chapter 1702. of the Revised Code, | 1801 |
including, but not limited to, any such corporation whose articles | 1802 |
of incorporation specify that it is organized and to be operated | 1803 |
for an education-related purpose; | 1804 |
(b) Any charitable association, group, institution, or | 1805 |
society that is not organized and not operated for profit, | 1806 |
including, but not limited to, any such association, group, | 1807 |
institution, or society that is organized and operated for any | 1808 |
education-related purpose. | 1809 |
(2) "Compensation" does not include actual and necessary | 1810 |
expenses that are incurred by a volunteer in connection with the | 1811 |
services that
| 1812 |
organization, and that are reimbursed to the volunteer or | 1813 |
otherwise paid. | 1814 |
(3) "Corporate services" means services that are performed by | 1815 |
a volunteer who is associated with a charitable organization as | 1816 |
defined in division (A)(1)(a) of this section and that reflect | 1817 |
duties or responsibilities arising under Chapter 1702. of the | 1818 |
Revised Code. | 1819 |
(4) "Supervisory services" means services that are performed | 1820 |
by a volunteer who is associated with a charitable organization as | 1821 |
defined in division (A)(1)(a) or (b) of this section and that | 1822 |
involve duties and responsibilities in connection with the | 1823 |
supervision of one or more officers, employees, trustees, or other | 1824 |
volunteers of that charitable organization. | 1825 |
(5) "Volunteer" means an officer, trustee, or other person | 1826 |
who performs services for a charitable organization but does not | 1827 |
receive compensation, either directly or indirectly, for those | 1828 |
services. | 1829 |
(B) A volunteer is not liable in damages in a civil action | 1830 |
for injury, death, or loss to
| 1831 |
arises from the actions or omissions of any of the officers, | 1832 |
employees, trustees, or other volunteers of the charitable | 1833 |
organization for
which
| 1834 |
either of the following applies: | 1835 |
(1) With prior knowledge of an action or omission of a | 1836 |
particular officer, employee, trustee, or other volunteer, the | 1837 |
volunteer authorizes, approves, or otherwise actively participates | 1838 |
in that action or omission | 1839 |
(2) After an action or omission of a particular officer, | 1840 |
employee, trustee, or other volunteer, the volunteer, with full | 1841 |
knowledge of that action or omission, ratifies it. | 1842 |
(C) A volunteer is not liable in damages in a civil action | 1843 |
for injury, death, or loss to
| 1844 |
arises
from
| 1845 |
with
any supervisory
or corporate services that
| 1846 |
performs for the charitable organization, unless either of the | 1847 |
following applies: | 1848 |
(1) An action or omission of the volunteer involves conduct | 1849 |
as described in division (B)(1) or (2) of this section; | 1850 |
(2) An action or omission of the volunteer constitutes | 1851 |
willful or wanton misconduct or intentionally tortious conduct. | 1852 |
(D) A volunteer is not liable in damages in a civil action | 1853 |
for injury, death, or loss to
| 1854 |
arises
from
| 1855 |
with
any
nonsupervisory or noncorporate services that
| 1856 |
volunteer performs for the charitable organization, unless either | 1857 |
of the following applies: | 1858 |
(1) An action or omission of the volunteer involves conduct | 1859 |
as described in division (B)(1) or (2) of this section; | 1860 |
(2) An action or omission of the volunteer constitutes | 1861 |
negligence, willful or wanton misconduct, or intentionally | 1862 |
tortious conduct. | 1863 |
(E)(1) This section does not create | 1864 |
1865 | |
right against a volunteer. | 1866 |
(2) This section does not affect | 1867 |
1868 | |
established by another section of the Revised Code or available at | 1869 |
common law, to which a volunteer may be entitled under | 1870 |
circumstances not covered by this section. This section does not | 1871 |
diminish in any respect the immunities provided in section 2305.25 | 1872 |
of the Revised Code. The immunities conferred upon volunteers in | 1873 |
this section are not intended to affect the liability of a | 1874 |
charitable organization in a civil action for injury, death, or | 1875 |
loss to
| 1876 |
| 1877 |
of carrying on a trade or business in this state, or holding | 1878 |
property in this state, may sue or be sued by the usual or | 1879 |
ordinary name
| 1880 |
known. | 1881 |
| 1882 |
or personal property, a person claiming an interest in the | 1883 |
property,
on
| 1884 |
| 1885 |
action is brought
to recover
personal property taken by
| 1886 |
officer on execution, or for the proceeds of such property sold by | 1887 |
| 1888 |
which
| 1889 |
the
property was
taken or sold by
| 1890 |
process,
may have
the benefit of
| 1891 |
1892 | |
issued. | 1893 |
Sec. 2307.31. (A) Except as otherwise provided in this | 1894 |
section or section 2307.32 of the Revised Code, if two or more | 1895 |
persons are jointly and severally liable in tort for the same | 1896 |
injury or loss to person or property or for the same wrongful | 1897 |
death, there is a right of contribution among them even though | 1898 |
judgment has not been recovered against all or any of them. The | 1899 |
right of contribution exists only in favor of a tortfeasor who has | 1900 |
paid more than
| 1901 |
common liability, and
| 1902 |
limited to the amount paid by
| 1903 |
that tortfeasor's proportionate share. No tortfeasor is compelled | 1904 |
to make contribution beyond
| 1905 |
proportionate share of the common liability. There is no right of | 1906 |
contribution in favor of any tortfeasor who intentionally has | 1907 |
caused or intentionally has contributed to the injury or loss to | 1908 |
person or property or the wrongful death. | 1909 |
(B) A tortfeasor who enters into a settlement with a | 1910 |
claimant is not entitled recover contribution from another | 1911 |
tortfeasor whose liability for the injury or loss to person or | 1912 |
property or the wrongful death is not extinguished by the | 1913 |
settlement, or in respect to any amount paid in a settlement which | 1914 |
is in excess of what is reasonable. | 1915 |
(C) A liability insurer that by payment has discharged in | 1916 |
full or in part of the liability of a tortfeasor and has thereby | 1917 |
discharged in full its obligation as insurer is subrogated to the | 1918 |
tortfeasor's right of contribution to the extent of the amount it | 1919 |
has paid in excess of the tortfeasor's proportionate share of the | 1920 |
common liability. This division does not limit or impair any right | 1921 |
of subrogation arising from any other relationship. | 1922 |
(D) This section does not impair any right of indemnity | 1923 |
under existing law. If one tortfeasor is entitled to indemnity | 1924 |
from another, the right of the indemnity obligee is for indemnity | 1925 |
and not contribution, and the indemnity obligor is not entitled to | 1926 |
contribution from
the obligee for any portion of
| 1927 |
obligation. | 1928 |
(E) This section does not apply to breaches of trust or of | 1929 |
other fiduciary obligations. | 1930 |
(F) The proportionate shares of tortfeasors in the common | 1931 |
liability shall be based upon their relative degrees of legal | 1932 |
responsibility. If equity requires the collective liability of | 1933 |
some as a group, the group shall constitute a single share, and | 1934 |
prinicples of equity applicable to contribution generally shall | 1935 |
apply. | 1936 |
(G) Whether or not judgment has been entered in an action | 1937 |
against two or more tortfeasors for the same injury or loss to | 1938 |
person or property or for the same wrongful death, contribution | 1939 |
may be enforced by separate action. | 1940 |
(H) Whenever the provisions of the "Federal Tort Claims | 1941 |
Act," 60 Stat. 842 (1946), 28 U.S.C. 2671 et seq., are applicable | 1942 |
to a tort and the United States is held liable in tort, the United | 1943 |
States shall have no right of contribution hereunder against the | 1944 |
state pursuant to the waiver of sovereign immunity contained in | 1945 |
Chapter 2743. of the Revised Code. | 1946 |
Sec. 2307.32. (A) If a judgment that imposes joint and | 1947 |
several liability has been entered in an action against two or | 1948 |
more tortfeasors for the same injury or loss to person or property | 1949 |
or for the same wrongful death, contribution may be enforced in | 1950 |
that action by judgment in favor of one against other judgment | 1951 |
debtors, by motion, upon notice to all parties to the action. | 1952 |
(B) If there is a judgment for the injury or loss to person | 1953 |
or property or the wrongful death against the tortfeasor seeking | 1954 |
contribution, any separate action by
| 1955 |
enforce contribution shall be commenced within one year after the | 1956 |
judgment has become final by lapse of time for appeal or after | 1957 |
appellate review. | 1958 |
(C) If there is no judgment for the injury or loss to person | 1959 |
or property or the wrongful death against the tortfeasor seeking | 1960 |
contribution,
| 1961 |
barred unless
| 1962 |
the common liability within the statute of limitations period | 1963 |
applicable to the claimant's
right of action against
| 1964 |
tortfeasor and has commenced
| 1965 |
contribution within one year after payment, or has agreed while an | 1966 |
action is pending against
| 1967 |
common liability and has within one year after the agreement paid | 1968 |
the
common liability
and commenced
| 1969 |
for contribution. | 1970 |
(D) The recovery of a judgment for an injury or loss to | 1971 |
person or property or a wrongful death against one tortfeasor does | 1972 |
not of itself discharge the other tortfeasors from liability for | 1973 |
the injury, loss, or wrongful death unless the judgment is | 1974 |
satisfied. The satisfaction of the judgment does not impair any | 1975 |
right of contribution. | 1976 |
(E) Valid answers to interrogatories by a jury or findings | 1977 |
of fact by a court sitting without a jury in determining the | 1978 |
liability of the several defendants for an injury or loss to | 1979 |
person or property or a wrongful death shall be binding as among | 1980 |
such defendants in determining their right to contribution. | 1981 |
(F) When a release or a covenant not to sue or not to | 1982 |
enforce judgment is given in good faith to one of two or more | 1983 |
persons liable in tort for the same injury or loss to person or | 1984 |
property or the same wrongful death, the following apply: | 1985 |
(1) The release or covenant does not discharge any of the | 1986 |
other tortfeasors from liability for the injury, loss, or wrongful | 1987 |
death unless its terms otherwise provide, but it reduces the claim | 1988 |
against the other tortfeasors to the extent of any amount | 1989 |
stipulated by the release or the covenant, or in the amount of the | 1990 |
consideration paid for it, whichever is the
greater | 1991 |
(2) The release or covenant discharges the tortfeasor to | 1992 |
whom it is given from all liability for contribution to any other | 1993 |
tortfeasor. | 1994 |
Sec. 2307.33. (A) Neither section 2307.31 nor 2307.32 of | 1995 |
the Revised Code applies to a negligence claim to the extent that | 1996 |
division (D) of section 2315.19 of the Revised Code makes a party | 1997 |
against whom a judgment is entered liable to the complainant only | 1998 |
for the proportionate share of that party as described in division | 1999 |
(D)(1)(a) of that section. | 2000 |
(B) Sections 2307.31 and 2307.32 of the Revised Code apply | 2001 |
to a negligence claim if division (D) of section 2315.19 of the | 2002 |
Revised Code is not applicable to that claim. | 2003 |
Sec. 2307.60.
| 2004 |
criminal act has, and may recover full damages in, a civil action | 2005 |
unless specifically excepted by law, may recover the costs of | 2006 |
maintaining the civil action and attorney's fees if authorized by | 2007 |
any provision of the Rules of Civil Procedure or another section | 2008 |
of the Revised Code or under the common law of this state, and may | 2009 |
recover punitive or exemplary damages if authorized by section | 2010 |
2315.21 or another
section of the Revised Code.
| 2011 |
conviction, unless
obtained by confession in open court, shall
| 2012 |
be used as evidence in a civil
action brought pursuant to
| 2013 |
2014 |
| 2015 |
| 2016 |
2017 |
| 2018 |
2019 | |
2020 | |
2021 | |
2022 | |
2023 | |
2024 |
| 2025 |
2026 | |
2027 | |
2028 | |
2029 | |
2030 |
| 2031 |
2032 | |
2033 | |
2034 | |
2035 |
Sec. 2307.61. (A) If a property owner brings a civil action | 2036 |
pursuant to
| 2037 |
recover damages from any person who willfully damages the owner's | 2038 |
property or who commits a theft offense, as defined in section | 2039 |
2913.01 of the Revised Code, involving the owner's property, the | 2040 |
property owner may recover as follows: | 2041 |
(1) In the civil action, the property owner may elect to | 2042 |
recover moneys as described in division (A)(1)(a) or (b) of this | 2043 |
section: | 2044 |
(a) Compensatory damages that may include, but are not | 2045 |
limited to, the value of the property and liquidated damages in | 2046 |
whichever of the following amounts applies: | 2047 |
(i) Fifty dollars, if the value of the property was fifty | 2048 |
dollars or less at the time it was willfully damaged or was the | 2049 |
subject of a theft offense; | 2050 |
(ii) One hundred dollars, if the value of the property was | 2051 |
more than fifty dollars, but not more than one hundred dollars, at | 2052 |
the time it was willfully damaged or was the subject of a theft | 2053 |
offense; | 2054 |
(iii) One hundred fifty dollars, if the value of the | 2055 |
property was more than one hundred dollars at the time it was | 2056 |
willfully damaged or was the subject of a theft offense. | 2057 |
(b) Liquidated damages in whichever of the following amounts | 2058 |
is greater: | 2059 |
(i) Two hundred dollars; | 2060 |
(ii) Three times the value of the property at the time it | 2061 |
was willfully damaged or was the subject of a theft offense, | 2062 |
irrespective of whether the property is recovered by way of | 2063 |
replevin or otherwise, is destroyed or otherwise damaged, is | 2064 |
modified or otherwise altered, or is resalable at its full market | 2065 |
price. This division does not apply to a check, negotiable order | 2066 |
of withdrawal, share draft, or other negotiable instrument that | 2067 |
was returned or dishonored for insufficient funds by a financial | 2068 |
institution if the check, negotiable order of withdrawal, share | 2069 |
draft, or other negotiable instrument was presented by an | 2070 |
individual borrower to a check-cashing business licensed pursuant | 2071 |
to sections 1315.35 to 1315.44 of the Revised Code for a | 2072 |
check-cashing loan transaction. | 2073 |
(2) In a civil action in which the value of the property | 2074 |
that was willfully damaged or was the subject of a theft offense | 2075 |
is less than five thousand dollars, the property owner may recover | 2076 |
damages as described in division (A)(1)(a) or (b) of this section | 2077 |
and additionally may recover the reasonable administrative costs, | 2078 |
if any, of the property owner that were incurred in connection | 2079 |
with actions taken pursuant to division (A)(2) of this section, | 2080 |
the cost of maintaining the civil action, and reasonable | 2081 |
attorney's fees, if all of the following apply: | 2082 |
(a) The property owner, at least thirty days prior to the | 2083 |
filing of the civil action, serves a written demand for payment of | 2084 |
moneys as described in division (A)(1)(a) of this section and the | 2085 |
reasonable administrative costs, if any, of the property owner | 2086 |
that have been incurred in connection with actions taken pursuant | 2087 |
to division (A)(2) of this section, upon the person who willfully | 2088 |
damaged the property or committed the theft offense. | 2089 |
(b) The demand conforms to the requirements of division (C) | 2090 |
of this section and is sent by certified mail, return receipt | 2091 |
requested. | 2092 |
(c) Either the person who willfully damaged the property or | 2093 |
committed the theft offense does not make payment to the property | 2094 |
owner of the amount specified in the demand within thirty days | 2095 |
after the date of its service upon that person and does not enter | 2096 |
into an agreement with the property owner during that thirty-day | 2097 |
period for that payment or the person who willfully damaged the | 2098 |
property or committed the theft offense enters into an agreement | 2099 |
with the property owner during that thirty-day period for that | 2100 |
payment but does not make that payment in accordance with the | 2101 |
agreement. | 2102 |
(B) If a property owner who brings a civil action pursuant | 2103 |
to
| 2104 |
damages for willful damage to property or for a theft offense | 2105 |
attempts to collect the reasonable administrative costs, if any, | 2106 |
of the property owner that have been incurred in connection with | 2107 |
actions taken pursuant to division (A)(2) of this section, the | 2108 |
cost of maintaining the civil action, and reasonable attorney's | 2109 |
fees under authority of that division and if the defendant | 2110 |
prevails in the civil action, the defendant may recover from the | 2111 |
property owner reasonable attorney's fees, the cost of defending | 2112 |
the civil action, and any compensatory damages that may be proven. | 2113 |
(C) For purposes of division (A)(2) of this section, a | 2114 |
written demand for payment shall include a conspicuous notice to | 2115 |
the person upon whom the demand is to be served that indicates all | 2116 |
of the following: | 2117 |
(1) The willful property damage or theft offense that the | 2118 |
person allegedly committed; | 2119 |
(2) That, if the person makes payment of the amount | 2120 |
specified in the demand within thirty days after its service upon | 2121 |
the person or enters into an agreement with the property owner | 2122 |
during that thirty-day period for that payment and makes that | 2123 |
payment in accordance with the agreement, the person cannot be | 2124 |
sued by the property owner in a civil action in relation to the | 2125 |
willful property damage or theft offense; | 2126 |
(3) That, if the person fails to make payment of the amount | 2127 |
specified in the demand within thirty days after the date of its | 2128 |
service upon the person and fails to enter into an agreement for | 2129 |
that payment with the property owner during that thirty-day period | 2130 |
or enters into an agreement for that payment with the property | 2131 |
owner during that thirty-day period but does not make that payment | 2132 |
in accordance with the agreement, the person may be sued in a | 2133 |
civil action in relation to the willful property damage or theft | 2134 |
offense; | 2135 |
(4) The potential judgment that the person may be required | 2136 |
to pay if the person is sued in a civil action in relation to the | 2137 |
willful property damage or theft offense and judgment is rendered | 2138 |
against the person in that civil action; | 2139 |
(5) That, if the person is sued in a civil action by the | 2140 |
property owner in relation to the willful property damage or theft | 2141 |
offense, if the civil action requests that the person be required | 2142 |
to pay the reasonable administrative costs, if any, of the | 2143 |
property owner that have been incurred in connection with actions | 2144 |
taken pursuant to division (A)(2) of this section, the cost of | 2145 |
maintaining the action, and reasonable attorney's fees, and if the | 2146 |
person prevails in the civil action, the person may recover from | 2147 |
the property owner reasonable attorney's fees, the cost of | 2148 |
defending the action, and any compensatory damages that can be | 2149 |
proved. | 2150 |
(D) If a property owner whose property was willfully damaged | 2151 |
or was the subject of a theft offense serves a written demand for | 2152 |
payment upon a person who willfully damaged the property or | 2153 |
committed the theft offense and if the person makes payment of the | 2154 |
amount specified in the demand within thirty days after the date | 2155 |
of its service upon the person or the person enters into an | 2156 |
agreement with the property owner during that thirty-day period | 2157 |
for that payment and makes payment in accordance with the | 2158 |
agreement, the property owner shall not file a civil action | 2159 |
against the person in relation to the willful property damage or | 2160 |
theft offense. | 2161 |
(E) If a property owner whose property was willfully damaged | 2162 |
or was the subject of a theft offense serves a written demand for | 2163 |
payment upon a person who willfully damaged the property or | 2164 |
committed the theft offense and if the person, within thirty days | 2165 |
after the date of service of the demand upon the person, enters | 2166 |
into an agreement with the property owner for the payment of the | 2167 |
amount specified in the demand but does not make that payment in | 2168 |
accordance with the agreement, the time between the entering of | 2169 |
the agreement and the failure to make that payment shall not be | 2170 |
computed as any part of the period within which a civil action | 2171 |
based on the willful property damage or theft offense must be | 2172 |
brought under the Revised Code. | 2173 |
(F) A civil action to recover damages for willful property | 2174 |
damage or for a theft offense may be joined with a civil action | 2175 |
that is brought pursuant to Chapter 2737. of the Revised Code to | 2176 |
recover the property. If the two actions are joined, any | 2177 |
compensatory damages recoverable by the property owner shall be | 2178 |
limited to the value of the property. | 2179 |
(G)(1) In a civil action to recover damages for willful | 2180 |
property damage or for a theft offense, the trier of fact may | 2181 |
determine that an owner's property was willfully damaged or that a | 2182 |
theft offense involving the owner's property has been committed, | 2183 |
whether or not any person has pleaded guilty to or has been | 2184 |
convicted of any criminal offense or has been adjudicated a | 2185 |
delinquent child in relation to any act involving the owner's | 2186 |
property. | 2187 |
(2) This section does not affect the prosecution of any | 2188 |
criminal action or proceeding or any action to obtain a delinquent | 2189 |
child adjudication in connection with willful property damage or a | 2190 |
theft offense. | 2191 |
(H) As used in this section: | 2192 |
(1) "Administrative costs" includes the costs of written | 2193 |
demands for payment and associated postage under division (A)(2) | 2194 |
of this section. | 2195 |
(2) "Value of the property" means one of the following: | 2196 |
(a) The retail value of any property that is offered for | 2197 |
sale by a mercantile establishment, irrespective of whether the | 2198 |
property is destroyed or otherwise damaged, is modified or | 2199 |
otherwise altered, or otherwise is not resalable at its full | 2200 |
market price; | 2201 |
(b) The face value of any check or other negotiable | 2202 |
instrument that is not honored due to insufficient funds in the | 2203 |
drawer's account, the absence of any drawer's account, or another | 2204 |
reason, and all charges imposed by a bank, savings and loan | 2205 |
association, credit union, or other financial institution upon the | 2206 |
holder of the check or other negotiable instrument; | 2207 |
(c) The replacement value of any property not described in | 2208 |
division (H)(1) or (2) of this section. | 2209 |
Sec. 2307.71. As used in sections 2307.71 to 2307.80 of the | 2210 |
Revised Code: | 2211 |
(A) "Claimant" means either of the following: | 2212 |
(1) A person who asserts a product liability claim or on | 2213 |
whose behalf such a claim is asserted; | 2214 |
(2) If a product liability claim is asserted on behalf of | 2215 |
the surviving spouse, children, parents, or other next of kin of a | 2216 |
decedent or on behalf of the estate of a decedent, whether as a | 2217 |
claim in a wrongful death action under Chapter 2125. of the | 2218 |
Revised Code or as a survivorship claim, whichever of the | 2219 |
following is appropriate: | 2220 |
(a) The decedent, if the reference is to the person who | 2221 |
allegedly sustained harm or economic loss for which, or in | 2222 |
connection with which, compensatory damages or punitive or | 2223 |
exemplary damages are sought to be recovered; | 2224 |
(b) The personal representative of the decedent or the | 2225 |
estate of the decedent, if the reference is to the person who is | 2226 |
asserting or has asserted the product liability claim. | 2227 |
(B) "Economic loss" means direct, incidental, or | 2228 |
consequential pecuniary loss, including, but not limited to, | 2229 |
damage to the product in question, and nonphysical damage to | 2230 |
property other than that product. Harm is not "economic loss." | 2231 |
(C) "Environment" means navigable waters, surface water, | 2232 |
ground water, drinking water supplies, land surface, subsurface | 2233 |
strata, and air. | 2234 |
(D) "Ethical drug" means a prescription drug that is | 2235 |
prescribed or dispensed by a physician or any other person who is | 2236 |
legally authorized to prescribe or dispense a prescription drug. | 2237 |
(E) "Ethical medical device" means a medical device that is | 2238 |
prescribed, dispensed, or implanted by a physician or any other | 2239 |
person who is legally authorized to prescribe, dispense, or | 2240 |
implant a medical device and that is regulated under the "Federal | 2241 |
Food, Drug, and Cosmetic Act," 52 Stat. 1040, 21 U.S.C. 301-392, | 2242 |
as amended. | 2243 |
(F) "Foreseeable risk" means a risk of harm that satisfies | 2244 |
both of the following: | 2245 |
(1) It is associated with an intended or reasonably | 2246 |
foreseeable use, modification, or alteration of a product in | 2247 |
question; | 2248 |
(2) It is a risk that the manufacturer in question should | 2249 |
recognize while exercising both of the following: | 2250 |
(a) The attention, perception, memory, knowledge, and | 2251 |
intelligence that a reasonable manufacturer should possess; | 2252 |
(b) Any superior attention, perception, memory, knowledge, | 2253 |
or intelligence that the manufacturer in question possesses. | 2254 |
(G) "Harm" means death, physical injury to person, serious | 2255 |
emotional distress, or physical damage to property other than the | 2256 |
product in question. Economic loss is not "harm." | 2257 |
(H) "Hazardous or toxic substances" include, but are not | 2258 |
limited to, hazardous waste as defined in section 3734.01 of the | 2259 |
Revised Code, hazardous waste as specified in the rules of the | 2260 |
director of environmental protection pursuant to division (A) of | 2261 |
section 3734.12 of the Revised Code, hazardous substances as | 2262 |
defined in section 3716.01 of the Revised Code, and hazardous | 2263 |
substances, pollutants, and contaminants as defined in or by | 2264 |
regulations adopted pursuant to the "Comprehensive Environmental | 2265 |
Response, Compensation, and Liability Act of 1980," 94 Stat. 2767, | 2266 |
42 U.S.C. 9601, as amended. | 2267 |
(I) "Manufacturer" means a person engaged in a business to | 2268 |
design, formulate, produce, create, make, construct, assemble, or | 2269 |
rebuild a product or a component of a product. | 2270 |
(J) "Person" has the same meaning as in division (C) of | 2271 |
section 1.59 of the Revised Code and also includes governmental | 2272 |
entities. | 2273 |
(K) "Physician" means a person who is licensed to practice | 2274 |
medicine and surgery or osteopathic medicine and surgery by the | 2275 |
state medical board. | 2276 |
(L)(1) "Product" means, subject to division (L)(2) of this | 2277 |
section, any object, substance, mixture, or raw material that | 2278 |
constitutes tangible personal property and that satisfies all of | 2279 |
the following: | 2280 |
(a) It is capable of delivery itself, or as an assembled | 2281 |
whole in a mixed or combined state, or as a component or | 2282 |
ingredient; | 2283 |
(b) It is produced, manufactured, or supplied for | 2284 |
introduction into trade or commerce; | 2285 |
(c) It is intended for sale or lease to persons for | 2286 |
commercial or personal use. | 2287 |
(2) "Product" does not include human tissue, blood, or | 2288 |
organs. | 2289 |
(M) "Product liability claim" means a claim that is asserted | 2290 |
in a civil action and that seeks to recover compensatory damages | 2291 |
from a manufacturer or supplier for death, physical injury to | 2292 |
person, emotional distress, or physical damage to property other | 2293 |
than the product in question, that allegedly arose from any of the | 2294 |
following: | 2295 |
(1) The design, formulation, production, construction, | 2296 |
creation, assembly, rebuilding, testing, or marketing of that | 2297 |
product; | 2298 |
(2) Any warning or instruction, or lack of warning or | 2299 |
instruction, associated with that product; | 2300 |
(3) Any failure of that product to conform to any relevant | 2301 |
representation or warranty. | 2302 |
(N) "Representation" means an express representation of a | 2303 |
material fact concerning the character, quality, or safety of a | 2304 |
product. | 2305 |
(O)(1) "Supplier" means, subject to division (O)(2) of this | 2306 |
section, either of the following: | 2307 |
(a) A person that, in the course of a business conducted for | 2308 |
the purpose, sells, distributes, leases, prepares, blends, | 2309 |
packages, labels, or otherwise participates in the placing of a | 2310 |
product in the stream of commerce; | 2311 |
(b) A person that, in the course of a business conducted for | 2312 |
the purpose, installs, repairs, or maintains any aspect of a | 2313 |
product that allegedly causes harm. | 2314 |
(2) "Supplier" does not include any of the following: | 2315 |
(a) A manufacturer; | 2316 |
(b) A seller of real property; | 2317 |
(c) A provider of professional services who, incidental to a | 2318 |
professional transaction the essence of which is the furnishing of | 2319 |
judgment, skill, or services, sells or uses a product; | 2320 |
(d) Any person who acts only in a financial capacity with | 2321 |
respect to the sale of a product, or who leases a product under a | 2322 |
lease arrangement in which the selection, possession, maintenance, | 2323 |
and operation of the product are controlled by a person other than | 2324 |
the lessor. | 2325 |
(P) "Unavoidably unsafe" means that, in the state of | 2326 |
technical, scientific, and medical knowledge at the time a product | 2327 |
in question left the control of its manufacturer, an aspect of | 2328 |
that product was incapable of being made safe. | 2329 |
Sec. 2307.72. (A) Any recovery of compensatory damages | 2330 |
based on a product liability claim is subject to sections 2307.71 | 2331 |
to 2307.79 of the Revised Code. | 2332 |
(B) Any recovery of punitive or exemplary damages in | 2333 |
connection with a product liability claim is subject to sections | 2334 |
2307.71 to 2307.80 of the Revised Code. | 2335 |
(C) Any recovery of compensatory damages for economic loss | 2336 |
based on a claim that is asserted in a civil action, other than a | 2337 |
product liability claim, is not subject to sections 2307.71 to | 2338 |
2307.79 of the Revised Code, but may occur under the common law | 2339 |
of this state or other applicable sections of the Revised Code. | 2340 |
(D)(1) Sections 2307.71 to 2307.80 of the Revised Code do | 2341 |
not supersede, modify, or otherwise affect any statute, | 2342 |
regulation, or rule of this state or of the United States, or the | 2343 |
common law of this state or of the United States, that relates to | 2344 |
liability in compensatory damages or punitive or exemplary damages | 2345 |
for injury, death, or loss to person or property, or to relief in | 2346 |
the form of the abatement of a nuisance, civil penalties, cleanup | 2347 |
costs, cost recovery, an injunction or temporary restraining | 2348 |
order, or restitution, that arises, in whole or in part, from | 2349 |
contamination or pollution of the environment or a threat of | 2350 |
contamination or pollution of the environment, including | 2351 |
contamination or pollution or a threat of contamination or | 2352 |
pollution from hazardous or toxic substances. | 2353 |
(2) Consistent with the Rules of Civil Procedure, in the | 2354 |
same civil action against the same defendant or different | 2355 |
defendants, a claimant may assert both of the following: | 2356 |
(a) A product liability claim, including a claim for the | 2357 |
recovery of punitive or exemplary damages in connection with a | 2358 |
product liability claim; | 2359 |
(b) A claim for the recovery of compensatory damages or | 2360 |
punitive or exemplary damages for injury, death, or loss to person | 2361 |
or property, or for relief in the form of the abatement of a | 2362 |
nuisance, civil penalties, cleanup costs, cost recovery, an | 2363 |
injunction or temporary restraining order, or restitution, that | 2364 |
arises, in whole or in part, from contamination or pollution of | 2365 |
the environment or a threat of contamination or pollution of the | 2366 |
environment, including contamination or pollution or a threat of | 2367 |
contamination or pollution from hazardous or toxic substances. | 2368 |
Sec. 2307.73. (A) A manufacturer is subject to liability | 2369 |
for compensatory damages based on a product liability claim only | 2370 |
if the claimant establishes, by a preponderance of the evidence, | 2371 |
both of the following: | 2372 |
(1) Subject to division (B) of this section, the product in | 2373 |
question was defective in manufacture or construction as described | 2374 |
in section 2307.74 of the Revised Code, was defective in design or | 2375 |
formulation as described in section 2307.75 of the Revised Code, | 2376 |
was defective due to inadequate warning or instruction as | 2377 |
described in section 2307.76 of the Revised Code, or was defective | 2378 |
because it did not conform to a representation made by its | 2379 |
manufacturer as described in section 2307.77 of the Revised Code; | 2380 |
(2) A defective aspect of the product in question as | 2381 |
described in division (A)(1) of this section was a proximate cause | 2382 |
of harm for which the claimant seeks to recover compensatory | 2383 |
damages. | 2384 |
(B) If a claimant is unable because a product in question | 2385 |
was destroyed to establish by direct evidence that the product in | 2386 |
question was defective or if a claimant otherwise is unable to | 2387 |
establish by direct evidence that a product in question was | 2388 |
defective, then, consistent with the Rules of Evidence, it shall | 2389 |
be sufficient for the claimant to present circumstantial or other | 2390 |
competent evidence that establishes, by a preponderance of the | 2391 |
evidence, that the product in question was defective in any one of | 2392 |
the four respects specified in division (A)(1) of this section. | 2393 |
Sec. 2307.75. (A) Subject to divisions (D), (E), and (F) of | 2394 |
this section, a product is defective in design or formulation if | 2395 |
either of the following applies: | 2396 |
(1) When it left the control of its manufacturer, the | 2397 |
foreseeable risks associated with its design or formulation as | 2398 |
determined pursuant to division (B) of this section exceeded the | 2399 |
benefits associated with that design or formulation as determined | 2400 |
pursuant to division (C) of this section; | 2401 |
(2) It is more dangerous than an ordinary consumer would | 2402 |
expect when used in an intended or reasonably foreseeable manner. | 2403 |
(B) The foreseeable risks associated with the design or | 2404 |
formulation of a product shall be determined by considering | 2405 |
factors including, but not limited to, the following: | 2406 |
(1) The nature and magnitude of the risks of harm associated | 2407 |
with that design or formulation in light of the intended and | 2408 |
| 2409 |
alterations of the product; | 2410 |
(2) The likely awareness of product users, whether based on | 2411 |
warnings, general knowledge, or otherwise, of those risks of harm; | 2412 |
(3) The likelihood that that design or formulation would | 2413 |
cause harm in light of the intended and reasonably foreseeable | 2414 |
uses, modifications, or alterations of the product; | 2415 |
(4) The extent to which that design or formulation conformed | 2416 |
to any applicable public or private product standard that was in | 2417 |
effect when the product left the control of its manufacturer. | 2418 |
(C) The benefits associated with the design or formulation | 2419 |
of a product shall be determined by considering factors including, | 2420 |
but not limited to, the following: | 2421 |
(1) The intended or actual utility of the product, including | 2422 |
any performance or safety advantages associated with that design | 2423 |
or formulation; | 2424 |
(2) The technical and economic feasibility, when the product | 2425 |
left the control of its manufacturer, of using an alternative | 2426 |
design or formulation; | 2427 |
(3) The nature and magnitude of any foreseeable risks | 2428 |
associated with such an alternative design or formulation. | 2429 |
(D) An ethical drug or ethical medical device is not | 2430 |
defective in design or formulation because some aspect of it is | 2431 |
unavoidably unsafe, if the manufacturer of the ethical drug or | 2432 |
ethical medical device provides adequate warning and instruction | 2433 |
under section 2307.76 of the Revised Code concerning that | 2434 |
unavoidably unsafe aspect. | 2435 |
(E) A product is not defective in design or formulation if | 2436 |
the harm for which the claimant seeks to recover compensatory | 2437 |
damages was caused by an inherent characteristic of the product | 2438 |
which is a generic aspect of the product that cannot be eliminated | 2439 |
without substantially compromising the product's usefulness or | 2440 |
desirability and which is recognized by the ordinary person with | 2441 |
the ordinary knowledge common to the community. | 2442 |
(F) A product is not defective in design or formulation if, | 2443 |
at the time the product left the control of its manufacturer, a | 2444 |
practical and technically feasible alternative design or | 2445 |
formulation was not available that would have prevented the harm | 2446 |
for which the claimant seeks to recover compensatory damages | 2447 |
without substantially impairing the usefulness or intended purpose | 2448 |
of the product, unless the manufacturer acted unreasonably in | 2449 |
introducing the product into trade or commerce. | 2450 |
Sec. 2307.78. (A) Subject to division (B) of this section, | 2451 |
a supplier is subject to liability for compensatory damages based | 2452 |
on a product liability claim only if the claimant establishes, by | 2453 |
a preponderance of the evidence, that either of the following | 2454 |
applies: | 2455 |
(1) The supplier in question was negligent and that, | 2456 |
negligence was a proximate cause of harm for which the claimant | 2457 |
seeks to recover compensatory damages; | 2458 |
(2) The product in question did not conform, when it left | 2459 |
the control of the supplier in question, to a representation made | 2460 |
by that supplier, and that representation and the failure to | 2461 |
conform to it were a proximate cause of harm for which the | 2462 |
claimant seeks to recover compensatory damages. A supplier is | 2463 |
subject to liability for such a representation and the failure to | 2464 |
conform to it even though the supplier did not act fraudulently, | 2465 |
recklessly, or negligently in making the representation. | 2466 |
(B) A supplier of a product is subject to liability for | 2467 |
compensatory damages based on a product liability claim under | 2468 |
sections 2307.71 to 2307.77 of the Revised Code, as if it were the | 2469 |
manufacturer of that product, if the manufacturer of that product | 2470 |
is or would be subject to liability for compensatory damages based | 2471 |
on a product liability claim under sections 2307.71 to 2307.77 of | 2472 |
the Revised Code and any of the following applies: | 2473 |
(1) The manufacturer of that product is not subject to | 2474 |
judicial process in this state; | 2475 |
(2) The claimant will be unable to enforce a judgment | 2476 |
against the manufacturer of that product due to actual or asserted | 2477 |
insolvency of the manufacturer; | 2478 |
(3) The supplier in question owns or, when it supplied that | 2479 |
product, owned, in whole or in part, the manufacturer of that | 2480 |
product; | 2481 |
(4) The supplier in question is owned or, when it supplied | 2482 |
that product, was owned, in whole or in part, by the manufacturer | 2483 |
of that product; | 2484 |
(5) The supplier in question created or furnished a | 2485 |
manufacturer with the design or formulation that was used to | 2486 |
produce, create, make, construct, assemble, or rebuild that | 2487 |
product or a component of that product; | 2488 |
(6) The supplier in question altered, modified, or failed to | 2489 |
maintain that product after it came into the possession of, and | 2490 |
before it left the possession of, the supplier in question, and | 2491 |
the alteration, modification, or failure to maintain that product | 2492 |
rendered it defective; | 2493 |
(7) The supplier in question marketed that product under its | 2494 |
own label or trade name; | 2495 |
(8) The supplier in question failed to respond timely and | 2496 |
reasonably to a written request by or on behalf of the claimant to | 2497 |
disclose to the claimant the name and address of the manufacturer | 2498 |
of that product. | 2499 |
Sec. 2307.80. (A) Subject to division (C) of this section, | 2500 |
punitive or exemplary damages shall not be awarded against a | 2501 |
manufacturer or supplier in question in connection with a product | 2502 |
liability claim unless the claimant establishes, by clear and | 2503 |
convincing evidence, that harm for which
| 2504 |
entitled to recover compensatory damages in accordance with | 2505 |
section 2307.73 or 2307.78 of the Revised Code was the result of | 2506 |
misconduct of the manufacturer or supplier in question that | 2507 |
manifested a flagrant disregard of the safety of persons who might | 2508 |
be harmed by the product in question. The fact by itself that a | 2509 |
product is defective does not establish a flagrant disregard of | 2510 |
the safety of persons who might be harmed by that product. | 2511 |
(B) Whether the trier of fact is a jury or the court, if the | 2512 |
trier of fact determines that a manufacturer or supplier in | 2513 |
question is liable for punitive or exemplary damages in connection | 2514 |
with a product liability claim, the amount of those damages shall | 2515 |
be determined by the court. In determining the amount of punitive | 2516 |
or exemplary damages, the court shall consider factors including, | 2517 |
but not limited to, the following: | 2518 |
(1) The likelihood that serious harm would arise from the | 2519 |
misconduct of the manufacturer or supplier in question; | 2520 |
(2) The degree of the awareness of the manufacturer or | 2521 |
supplier in question of that likelihood; | 2522 |
(3) The profitability of the misconduct to the manufacturer | 2523 |
or supplier in question; | 2524 |
(4) The duration of the misconduct and any concealment of it | 2525 |
by the manufacturer or supplier in question; | 2526 |
(5) The attitude and conduct of the manufacturer or supplier | 2527 |
in question upon the discovery of the misconduct and whether the | 2528 |
misconduct has terminated; | 2529 |
(6) The financial condition of the manufacturer or supplier | 2530 |
in question; | 2531 |
(7) The total effect of other punishment imposed or likely | 2532 |
to be imposed upon the manufacturer or supplier in question as a | 2533 |
result of the misconduct, including awards of punitive or | 2534 |
exemplary damages to persons similarly situated to the claimant | 2535 |
and the severity of criminal penalties to which the manufacturer | 2536 |
or supplier in question has been or is likely to be subjected. | 2537 |
(C) If a claimant alleges in a product liability claim that a | 2538 |
drug
caused harm to
| 2539 |
shall not be liable for punitive or exemplary damages in | 2540 |
connection with that product liability claim if the drug that | 2541 |
allegedly caused the harm was manufactured and labeled in relevant | 2542 |
and material respects in accordance with the terms of an approval | 2543 |
or license issued by the federal food and drug administration | 2544 |
under the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 | 2545 |
(1938), 21 U.S.C. 301-392, as amended, or the "Public Health | 2546 |
Service Act," 58 Stat. 682 (1944), 42 U.S.C. 201-300cc-15, as | 2547 |
amended, unless it is established by a preponderance of the | 2548 |
evidence, that the manufacturer fraudulently and in violation of | 2549 |
applicable regulations of the food and drug administration | 2550 |
withheld from the food and drug administration information known | 2551 |
to be material and relevant to the harm that the claimant | 2552 |
allegedly suffered or misrepresented to the food and drug | 2553 |
administration information of that type. For purposes of this | 2554 |
division,
"drug" has the meaning given
to that term in
| 2555 |
2556 | |
1040,
1041 (1938), 21 U.S.C.
| 2557 |
Sec. 2315.01. When the jury is sworn, unless for special | 2558 |
reasons the court otherwise directs, the trial shall proceed in | 2559 |
the following order except as provided in section 2315.02 of the | 2560 |
Revised Code: | 2561 |
(A) The plaintiff concisely must state
| 2562 |
claim, and
briefly may state
| 2563 |
sustain it. | 2564 |
(B) The defendant must then briefly state
| 2565 |
defendant's defense, and
briefly may state
| 2566 |
evidence in support of it. | 2567 |
(C) The party who would be defeated if no evidence were | 2568 |
offered on either side, first, must produce
| 2569 |
evidence, and the
adverse party must then produce
| 2570 |
party's evidence. | 2571 |
(D) The parties then shall be confined to rebutting | 2572 |
evidence, unless the court for good reasons, in the furtherance of | 2573 |
justice, permits them to offer evidence in their original cases. | 2574 |
(E) When the evidence is concluded, either party may present | 2575 |
written instructions to the court on matters of law and request | 2576 |
them to be given to the jury, which instructions shall be given or | 2577 |
refused by the court before the argument to the jury is commenced. | 2578 |
(F) The parties then may submit or argue the case to the | 2579 |
jury. The party required first to produce
| 2580 |
evidence shall have the opening and closing arguments. If several | 2581 |
defendants, having separate defenses, appear by different counsel, | 2582 |
the court shall arrange their relative order. | 2583 |
(G) The court, after the argument is concluded, before | 2584 |
proceeding with other business, shall charge the jury. Any charge | 2585 |
shall be reduced to writing by the court if either party, before | 2586 |
the argument to the jury is commenced, requests it. Such charge | 2587 |
may be examined by the parties before any closing argument is | 2588 |
made by any of the parties. A charge or instruction, when so | 2589 |
written and given, shall not be orally qualified, modified, or in | 2590 |
any manner explained to the jury by the court. All written | 2591 |
charges and instructions shall be taken by the jurors in their | 2592 |
retirement, returned with their verdict into court, and shall | 2593 |
remain on file with the papers of the case. | 2594 |
Sec. 2313.46. Sections 2313.01 to 2313.46 | 2595 |
| 2596 |
do not contravene or affect any section of the Revised Code | 2597 |
relating to jurors in the inferior courts in any county of the | 2598 |
state. | 2599 |
| 2600 |
an accident or calamity which requires it, or with the consent of | 2601 |
both parties, or after jurors have been kept together until it | 2602 |
satisfactorily appears that there is no probability of their | 2603 |
agreeing, the court may discharge the jury. | 2604 |
| 2605 |
trial or after a cause is submitted, such cause may at once be | 2606 |
tried again, or on a future day, as the court directs. | 2607 |
| 2608 |
section, when by the verdict in a civil action tried to a jury any | 2609 |
party in the action is entitled to recover money from an adverse | 2610 |
party, the jury shall determine the amount of the recovery in its | 2611 |
verdict. A jury shall not determine the amount of punitive or | 2612 |
exemplary damages recoverable by a party in a tort action pursuant | 2613 |
to section 2315.21 or another section of the Revised Code except | 2614 |
as provided in division (D)(5) of section 2315.21 of the Revised | 2615 |
Code. | 2616 |
As used in this section, "tort action" has the same meaning | 2617 |
as in section 2315.21 of the Revised Code. | 2618 |
| 2619 |
sections
2315.01 to
2315.19 | 2620 |
respecting trials by jury, apply to trials by the court. | 2621 |
| 2622 |
be the subject of a civil action, on filing an affidavit that the | 2623 |
controversy is real and the proceeding in good faith to determine | 2624 |
their rights, may agree upon a case containing the facts upon | 2625 |
which the controversy depends and present a submission of it to | 2626 |
any
court of competent jurisdiction | 2627 |
and determine the case and render judgment as if an action were | 2628 |
pending. | 2629 |
The case, the submission, and the judgment constitutes the | 2630 |
record of a question submitted under this section. | 2631 |
Such judgment shall be with costs, may be enforced, and shall | 2632 |
be subject to reversal, in like manner, as if it were rendered in | 2633 |
an action, unless otherwise provided in the submission. | 2634 |
Sec. 2315.19. (A)(1) Contributory negligence or implied | 2635 |
assumption of the risk of the complainant or of the person for | 2636 |
whom the complainant is legal representative may be asserted as an | 2637 |
affirmative defense to a negligence claim. | 2638 |
(2) Contributory negligence or implied assumption of the | 2639 |
risk of a person does not
bar
the person or
| 2640 |
representative as complainant from recovering damages that have | 2641 |
directly and proximately resulted from the negligence of one or | 2642 |
more other persons, if the contributory negligence or implied | 2643 |
assumption of the risk of the complainant or of the person for | 2644 |
whom
| 2645 |
than the combined negligence of all other persons from whom the | 2646 |
complainant seeks recovery. However, any compensatory damages | 2647 |
recoverable by the complainant shall be diminished by an amount | 2648 |
that is proportionately equal to the percentage of negligence or | 2649 |
implied assumption of the risk of the complainant or of the person | 2650 |
for whom
| 2651 |
percentage is determined pursuant to division (B) of this section. | 2652 |
This section does not apply to actions described in section | 2653 |
4113.03 of the Revised Code. | 2654 |
(B) If contributory negligence or implied assumption of the | 2655 |
risk is asserted and established as an affirmative defense to a | 2656 |
negligence claim, the court in a nonjury action shall make | 2657 |
findings of fact, and the jury in a jury action shall return a | 2658 |
general verdict accompanied by answers to interrogatories, that | 2659 |
shall specify the following: | 2660 |
(1) The total amount of the compensatory damages that would | 2661 |
have been recoverable on that negligence claim but for the | 2662 |
negligence or implied assumption of the risk of the complainant or | 2663 |
the person for whom
| 2664 |
(2) The portion of the compensatory damages specified under | 2665 |
division (B)(1) of this section that represents economic loss; | 2666 |
(3) The portion of the compensatory damages specified under | 2667 |
division (B)(1) of this section that represents noneconomic loss; | 2668 |
(4) The percentage of negligenc or implied assumption of the | 2669 |
risk that directly and proximately caused the injury, death, or | 2670 |
loss to person or property, in relation to one hundred per cent, | 2671 |
that is attributable to the complainant or the person for whom he | 2672 |
is legal representative, and the percentage of negligence that | 2673 |
directly and proximately caused the injury, death, or loss to | 2674 |
person or property, in relation to one hundred per cent, that is | 2675 |
attributable to each party to the action from whom the complainant | 2676 |
seeks recovery. If the court or jury must determine percentages | 2677 |
of negligence under this division for two or more parties from | 2678 |
whom the complainant seeks recovery and an issue of vicarious | 2679 |
liability, including, but not limited to, liability of a principal | 2680 |
or master for the negligent actions or omissions of an agent or | 2681 |
servant, exists relative to those parties, then, for purposes of | 2682 |
determining such percentages, the court in a nonjury action shall | 2683 |
determine, or the jury in a jury action pursuant to an instruction | 2684 |
from the court shall determine, that the parties in question are | 2685 |
to be treated as a single party to the extent that any vicarious | 2686 |
liability is determined to exist relative to those parties. | 2687 |
(C) After the court makes its findings of fact or after the | 2688 |
jury returns its general verdict accompanied by answers to | 2689 |
interrogatories as described in division (B) of this section, the | 2690 |
court shall diminish the total amount of the compensatory damages | 2691 |
that would have been recoverable by an amount that is | 2692 |
proportionately equal to the percentage of negligence or implied | 2693 |
assumption of the risk that is attributable to the complainant or | 2694 |
the person for whom
| 2695 |
which percentage was determined pursuant to division (B) of this | 2696 |
section. If the percentage of the negligence or implied | 2697 |
assumption of the risk that is attributable to the complainant or | 2698 |
the person for whom
| 2699 |
greater than the total of the percentages of the negligence that | 2700 |
is attributable to all parties from whom the complainant seeks | 2701 |
recovery, which percentages were determined pursuant to division | 2702 |
(B) of this section, the court shall enter judgment in favor of | 2703 |
those parties. | 2704 |
(D)(1) If contributory negligence or implied assumption of | 2705 |
the risk is asserted as an affirmative defense to a negligence | 2706 |
claim, if it is determined that the complainant or the person for | 2707 |
whom
| 2708 |
negligent or impliedly assumed a risk and that such contributory | 2709 |
negligence or implied assumption of the risk was a direct and | 2710 |
proximate cause of the injury, death, or loss to person or | 2711 |
property in question, and if the complainant is entitled to | 2712 |
recover compensatory damages pursuant to this section from more | 2713 |
than one party, then, after it makes findings of fact or after the | 2714 |
jury returns its general verdict accompanied by answers to | 2715 |
interrogatories as described in division (B) of this section, the | 2716 |
court shall enter a judgment that is in favor of the complainant | 2717 |
and that states all of the following: | 2718 |
(a) Proportionate shares of the portion of the compensatory | 2719 |
damages that represents noneconomic loss for each party against | 2720 |
whom the judgment is entered and for the complainant or the person | 2721 |
for whom he is legal representative, which shares shall be | 2722 |
computed by multiplying the portion of the compensatory damages | 2723 |
that represents noneconomic loss as determined pursuant to | 2724 |
division (B)(3) of this section by the respective percentages of | 2725 |
negligence or implied assumption of the risk as determined | 2726 |
pursuant to division (B)(4) of this section; | 2727 |
(b) In relation to the portion of the compensatory damages | 2728 |
that represents noneconomic loss as determined pursuant to | 2729 |
division (B)(3) of this section, each party against whom the | 2730 |
judgment is entered is liable to the complainant only for the | 2731 |
proportionate share of that party as described in division | 2732 |
(D)(1)(a) of this section; | 2733 |
(c) In relation to the portion of the compensatory damages | 2734 |
that represents economic loss as determined pursuant to division | 2735 |
(B)(2) of this section, each party against whom the judgment is | 2736 |
entered is jointly and severally liable to the complainant for the | 2737 |
entire amount of economic loss for which the complainant is | 2738 |
entitled to judgment as determined pursuant to divisions (B)(2) | 2739 |
and (C) of this section. | 2740 |
(2) Sections 2307.31 and 2307.32 of the Revised Code apply | 2741 |
in relation to the portion of the compensatory damages that | 2742 |
represents economic loss and for which joint and several liability | 2743 |
attaches under division (D)(1)(c) of this section. | 2744 |
(E) As used in this section: | 2745 |
(1) "Economic loss" means any of the following types of | 2746 |
pecuniary harm: | 2747 |
(a) All wages, salaries, or other compensation lost as a | 2748 |
result of an injury, death, or loss to person or property that is | 2749 |
a subject of a negligence claim; | 2750 |
(b) All expenditures for medical care or treatment, | 2751 |
rehabilitation services, or other care, treatment, services, | 2752 |
products, or accommodations as a result of an injury, death, or | 2753 |
loss to person or property that is a subject of a negligence | 2754 |
claim; | 2755 |
(c) Any other expenditures incurred as a result of an | 2756 |
injury, death, or loss to person or property that is a subject of | 2757 |
a negligence claim. | 2758 |
(2) "Negligence claim" means a civil action for damages for | 2759 |
injury, death, or loss to person or property to the extent that | 2760 |
such damages are sought or recovered based on allegation or proof | 2761 |
of negligence. | 2762 |
(3) "Noneconomic loss" means nonpecuniary harm that results | 2763 |
from an injury, death, or loss to person or property that is a | 2764 |
subject of a negligence claim, including, but not limited to, pain | 2765 |
and suffering, loss of society, consortium, companionship, care, | 2766 |
assistance, attention, protection, advice, guidance, counsel, | 2767 |
instruction, training, or education, mental anguish, and any other | 2768 |
intangible loss. | 2769 |
Sec. 2315.20. (A) As used in this section, "claimant," | 2770 |
"harm," "product liability claim," and "supplier" have the same | 2771 |
meanings as in section 2307.71 of the Revised Code. | 2772 |
(B)(1) Express or implied assumption of the risk may be | 2773 |
asserted as an affirmative defense to a product liability claim | 2774 |
under sections 2307.71 to 2307.80 of the Revised Code. | 2775 |
(2) Subject to division (B)(3) of this section, if express | 2776 |
or implied assumption of the risk is asserted as an affirmative | 2777 |
defense to a product liability claim under sections 2307.71 to | 2778 |
2307.80 of the Revised Code and if it is determined that the | 2779 |
claimant expressly or impliedly assumed a risk and that such | 2780 |
express or implied assumption of the risk was a direct and | 2781 |
proximate cause of harm for which the claimant seeks to recover | 2782 |
damages, the express or implied assumption of the risk is a | 2783 |
complete bar to the recovery of those damages. | 2784 |
(3) If implied assumption of the risk is asserted as an | 2785 |
affirmative defense to a product liability claim against a | 2786 |
supplier under division (A)(1) of section 2307.78 of the Revised | 2787 |
Code, section 2315.19 of the Revised Code is applicable to that | 2788 |
affirmative defense and shall be used to determine whether the | 2789 |
claimant is entitled to recover compensatory damages based on that | 2790 |
claim and the amount of any recoverable compensatory damages. | 2791 |
(C)(1) Except as provided in division (C)(2) of this | 2792 |
section, contributory negligence is not an affirmative defense to | 2793 |
a product liability claim under sections 2307.71 to 2307.80 of the | 2794 |
Revised Code. | 2795 |
(2) Contributory negligence may be asserted as an | 2796 |
affirmative defense to a product liability claim against a | 2797 |
supplier under division (A)(1) of section 2307.78 of the Revised | 2798 |
Code. If contributory negligence is asserted as an affirmative | 2799 |
defense to such a product liability claim, section 2315.19 of the | 2800 |
Revised Code is applicable to that affirmative defense and shall | 2801 |
be used to determine whether the claimant is entitled to recover | 2802 |
compensatory damages based on that claim and the amount of any | 2803 |
recoverable compensatory damages. | 2804 |
Sec. 2315.21. (A) As used in this section: | 2805 |
(1) "Tort action" means a civil action for damages for injury | 2806 |
person or property. "Tort action" includes a product liability | 2807 |
claim for damages for injury or loss to person or property that is | 2808 |
subject to sections 2307.71 to 2307.80 of the Revised Code, but | 2809 |
does not include a civil action for damages for a breach of | 2810 |
contract or another agreement between persons. | 2811 |
(2) "Trier of fact" means the jury or, in a nonjury action, | 2812 |
the court. | 2813 |
(B) Subject to division (D) of this section, punitive or | 2814 |
exemplary damages are not recoverable from a defendant in question | 2815 |
in a tort action unless both of the following apply: | 2816 |
(1) The actions or omissions of that defendant demonstrate | 2817 |
malice, aggravated or egregious fraud, oppression, or insult, or | 2818 |
that defendant as principal or master authorized, participated in, | 2819 |
or ratified actions or omissions of an agent or servant that so | 2820 |
demonstrate; | 2821 |
(2) The plaintiff in question has adduced proof of actual | 2822 |
damages that resulted from actions or omissions as described in | 2823 |
division (B)(1) of this section. | 2824 |
(C)(1) In a tort action, the trier of fact shall determine | 2825 |
the liability of any defendant for punitive or exemplary damages. | 2826 |
(2) In a tort action, whether the trier of fact is a jury or | 2827 |
the court, if the trier of fact determines that any defendant is | 2828 |
liable for punitive or exemplary damages, the amount of those | 2829 |
damages shall be determined by the court. | 2830 |
(3) In a tort action, the burden of proof shall be upon a | 2831 |
plaintiff in question, by clear and convincing evidence, to | 2832 |
establish that
| 2833 |
exemplary damages. | 2834 |
(D) This section does not apply to tort actions against the | 2835 |
state in the court of claims or to the extent that another section | 2836 |
of the Revised Code expressly provides any of the following: | 2837 |
(1) Punitive or exemplary damages are recoverable from a | 2838 |
defendant in question in a tort action on a basis other than that | 2839 |
the actions or omissions of that defendant demonstrate malice, | 2840 |
aggravated or egregious fraud, oppression, or insult, or on a | 2841 |
basis other than that the defendant in question as principal or | 2842 |
master authorized, participated in, or ratified actions or | 2843 |
omissions of an agent or servant that so demonstrate; | 2844 |
(2) Punitive or exemplary damages are recoverable from a | 2845 |
defendant in question in a tort action irrespective of whether the | 2846 |
plaintiff in question has adduced proof of actual damages; | 2847 |
(3) The burden of proof upon a plaintiff in question to | 2848 |
recover punitive or exemplary damages from a defendant in question | 2849 |
in a tort action is one other than clear and convincing evidence; | 2850 |
(4) Punitive or exemplary damages are not recoverable from a | 2851 |
defendant in question in a tort action; | 2852 |
(5) The amount of punitive or exemplary damages awarded | 2853 |
against a defendant in question in a tort action may be determined | 2854 |
by a jury as the trier of fact. | 2855 |
Sec. 2317.62. (A) As used in this section: | 2856 |
(1) "Annuity" means an annuity that would be purchased from | 2857 |
either of the following types of insurance companies: | 2858 |
(a) An insurance company that the A.M. Best Company, in its | 2859 |
most recently published rating guide of life insurance companies, | 2860 |
has rated A or better and has rated XII or higher as to financial | 2861 |
size or strength; | 2862 |
(b)(i) An insurance company that the superintendent of | 2863 |
insurance, under rules adopted pursuant to Chapter 119. of the | 2864 |
Revised Code for purposes of implementing this division, | 2865 |
determines is licensed to do business in this state and, | 2866 |
considering the factors described in division (A)(1)(b)(ii) of | 2867 |
this section, is a stable insurance company that issues annuities | 2868 |
that are safe and desirable; | 2869 |
(ii) In making determinations as described in division | 2870 |
(A)(1)(b)(i) of this section, the superintendent shall be guided | 2871 |
by the principle that the trier of fact in a tort action should be | 2872 |
presented only with evidence as to the cost of annuities that are | 2873 |
safe and desirable for the plaintiffs in such an action who are | 2874 |
awarded damages. In making such determinations, the | 2875 |
superintendent shall consider the financial condition, general | 2876 |
standing, operating results, profitability, leverage, liquidity, | 2877 |
amount and soundness of reinsurance, adequacy of reserves, and the | 2878 |
management of any insurance company in question and also may | 2879 |
consider ratings, grades, and classifications of any nationally | 2880 |
recognized rating services of insurance companies and any other | 2881 |
factors relevant to the making of such determinations. | 2882 |
(2) "Future damages" means damages that result from an injury | 2883 |
or loss to person or property that is a subject of a tort action | 2884 |
and that will accrue after the verdict or determination of | 2885 |
liability by the trier of fact is rendered in that tort action. | 2886 |
(3) "Tort action" means a civil action for damages for injury | 2887 |
or loss to person or property. "Tort action" includes a product | 2888 |
liability claim that is subject to sections 2307.71 to 2307.80 of | 2889 |
the Revised Code, but does not include a civil action for damages | 2890 |
for a breach of contract or another agreement between persons. | 2891 |
(4) "Trier of fact" means the jury or, in a nonjury action, | 2892 |
the court. | 2893 |
(B) Consistent with the Rules of Evidence, any party to a | 2894 |
tort action may present evidence of the cost of an annuity in | 2895 |
connection with any issue of recoverable future damages. If such | 2896 |
evidence is presented, then the trier of fact may consider that | 2897 |
evidence in determining the future damages suffered by reason of | 2898 |
an injury or loss to person or property that is a subject of the | 2899 |
tort action. If such evidence is presented, the present value in | 2900 |
dollars of any annuity is its cost. | 2901 |
Sec. 2323.51. (A) As used in this section: | 2902 |
(1) "Conduct" means any of the following: | 2903 |
(a) The filing of a civil action, the assertion of a claim, | 2904 |
defense, or other position in connection with a civil action, or | 2905 |
the taking of any other action in connection with a civil action; | 2906 |
(b) The filing by an inmate of a civil action or appeal | 2907 |
against a government entity or employee, the assertion of a claim, | 2908 |
defense or other position in connection with a civil action of | 2909 |
that nature or the assertion of issues of law in an appeal of that | 2910 |
nature, or the taking of any other action in connection with a | 2911 |
civil action or appeal of that nature. | 2912 |
(2) "Frivolous conduct" means either of the following: | 2913 |
(a) Conduct of an inmate or other party to a civil action, | 2914 |
of an inmate who has filed an appeal of the type described in | 2915 |
division (A)(1)(b) of this section, or of the inmate's or other | 2916 |
party's counsel of record that satisfies either of the following: | 2917 |
(i) It obviously serves merely to harass or maliciously | 2918 |
injure another party to the civil action or appeal. | 2919 |
(ii) It is not warranted under existing law and cannot be | 2920 |
supported by a good faith argument for an extension, modification, | 2921 |
or reversal of existing law. | 2922 |
(b) An inmate's commencement of a civil action or appeal | 2923 |
against a government entity or employee when any of the following | 2924 |
applies: | 2925 |
(i) The claim that is the basis of the civil action fails to | 2926 |
state a claim or the issues of law that are the basis of the | 2927 |
appeal fail to state any issues of law. | 2928 |
(ii) It is clear that the inmate cannot prove material facts | 2929 |
in support of the claim that is the basis of the civil action or | 2930 |
in support of the issues of law that are the basis of the appeal. | 2931 |
(iii) The claim that is the basis of the civil action is | 2932 |
substantially similar to a claim in a previous civil action | 2933 |
commenced by the inmate or the issues of law that are the basis of | 2934 |
the appeal are substantially similar to issues of law raised in a | 2935 |
previous appeal commenced by the inmate, in that the claim that is | 2936 |
the basis of the current civil action or the issues of law that | 2937 |
are the basis of the current appeal involve the same parties or | 2938 |
arise from the same operative facts as the claim or issues of law | 2939 |
in the previous civil action or appeal. | 2940 |
(3) "Civil action or appeal against a government entity or | 2941 |
employee," "inmate," "political subdivision," and "employee" have | 2942 |
the same meanings as in section 2969.21 of the Revised Code. | 2943 |
(4) "Reasonable attorney's fees" or "attorney's fees," when | 2944 |
used in relation to a civil action or appeal against a government | 2945 |
entity or employee, includes both of the following, as applicable: | 2946 |
(a) The approximate amount of the compensation, and the | 2947 |
fringe benefits, if any, of the attorney general, an assistant | 2948 |
attorney general, or special counsel appointed by the attorney | 2949 |
general that has been or will be paid by the state in connection | 2950 |
with the legal services that were rendered by the attorney | 2951 |
general, assistant attorney general, or special counsel in the | 2952 |
civil action or appeal against the government entity or employee, | 2953 |
including, but not limited to, a civil action or appeal commenced | 2954 |
pro se by an inmate, and that were necessitated by frivolous | 2955 |
conduct of an inmate represented by counsel of record, the counsel | 2956 |
of record of an inmate, or a pro se inmate. | 2957 |
(b) The approximate amount of the compensation, and the | 2958 |
fringe benefits, if any, of a prosecuting attorney or other chief | 2959 |
legal officer of a political subdivision, or an assistant to a | 2960 |
chief legal officer of those natures, who has been or will be paid | 2961 |
by a political subdivision in connection with the legal services | 2962 |
that were rendered by the chief legal officer or assistant in the | 2963 |
civil action or appeal against the government entity or employee, | 2964 |
including, but not limited to, a civil action or appeal commenced | 2965 |
pro se by an inmate, and that were necessitated by frivolous | 2966 |
conduct of an inmate represented by counsel of record, the counsel | 2967 |
of record of an inmate, or a pro se inmate. | 2968 |
(5) "State" has the same meaning as in section 2743.01 of the | 2969 |
Revised Code. | 2970 |
(6) "State correctional institution" has the same meaning as | 2971 |
in section 2967.01 of the Revised Code. | 2972 |
(B)(1) Subject to divisions (B)(2) and (3), (C), and (D) of | 2973 |
this section, at any time prior to the commencement of the trial | 2974 |
in a civil action or within twenty-one days after the entry of | 2975 |
judgment in a civil action or at any time prior to the hearing in | 2976 |
an appeal of the type described in division (A)(1)(b) of this | 2977 |
section that is filed by an inmate or within twenty-one days after | 2978 |
the entry of judgment in an appeal of that nature, the court may | 2979 |
award court costs, reasonable attorney's fees, and other | 2980 |
reasonable expenses incurred in connection with the civil action | 2981 |
or appeal to any party to the civil action or appeal who was | 2982 |
adversely affected by frivolous conduct. The award may be | 2983 |
assessed as provided in division (B)(4) of this section. | 2984 |
(2) An award may be made pursuant to division (B)(1) of this | 2985 |
section upon the motion of a party to a civil action or an appeal | 2986 |
of the type described in that division, but only after the court | 2987 |
does all of the following: | 2988 |
(a) Sets a date for a hearing to be conducted in accordance | 2989 |
with division (B)(2)(c) of this section, to determine whether | 2990 |
particular conduct was frivolous, to determine, if the conduct was | 2991 |
frivolous, whether any party was adversely affected by it, and to | 2992 |
determine, if an award is to be made, the amount of that award; | 2993 |
(b) Gives notice of the date of the hearing described in | 2994 |
division (B)(2)(a) of this section to each party or counsel of | 2995 |
record who allegedly engaged in frivolous conduct and to each | 2996 |
party who allegedly was adversely affected by frivolous conduct; | 2997 |
(c) Conducts the hearing described in division (B)(2)(a) of | 2998 |
this section in accordance with this division, allows the parties | 2999 |
and counsel of record involved to present any relevant evidence at | 3000 |
the hearing, including evidence of the type described in division | 3001 |
(B)(5) of this section, determines that the conduct involved was | 3002 |
frivolous and that a party was adversely affected by it, and then | 3003 |
determines the amount of the award to be made. If any party or | 3004 |
counsel of record who allegedly engaged in or allegedly was | 3005 |
adversely affected by frivolous conduct is confined in a state | 3006 |
correctional institution or in a county, multicounty, municipal, | 3007 |
municipal-county, or multicounty-municipal jail or workhouse, the | 3008 |
court, if practicable, may hold the hearing by telephone or, in | 3009 |
the alternative, at the institution, jail, or workhouse in which | 3010 |
the party or counsel is confined. | 3011 |
(3) The amount of an award made pursuant to division (B)(1) | 3012 |
of this section that represents reasonable attorney's fees shall | 3013 |
not exceed, and may be equal to or less than, whichever of the | 3014 |
following is applicable: | 3015 |
(a) If the party is being represented on a contingent fee | 3016 |
basis, an amount that corresponds to reasonable fees that would | 3017 |
have been charged for legal services had the party been | 3018 |
represented on an hourly fee basis or another basis other than a | 3019 |
contingent fee basis; | 3020 |
(b) In all situations other than that described in division | 3021 |
(B)(3)(a) of this section, the attorney's fees that were | 3022 |
reasonably incurred by a party. | 3023 |
(4) An award made pursuant to division (B)(1) of this | 3024 |
section may be made against a party, the party's counsel of | 3025 |
record, or both. | 3026 |
(5)(a) In connection with the hearing described in division | 3027 |
(B)(2)(a) of this section, each party who may be awarded | 3028 |
reasonable attorney's fees and the party's counsel of record may | 3029 |
submit to the court or be ordered by the court to submit to it, | 3030 |
for consideration in determining the amount of the reasonable | 3031 |
attorney's fees, an itemized list or other evidence of the legal | 3032 |
services rendered, the time expended in rendering the services, | 3033 |
and whichever of the following is applicable: | 3034 |
(i) If the party is being represented by that counsel on a | 3035 |
contingent fee basis, the reasonable attorney's fees that would | 3036 |
have been associated with those services had the party been | 3037 |
represented by that counsel on an hourly fee basis or another | 3038 |
basis other than a contingent fee basis; | 3039 |
(ii) In all situations other than those described in | 3040 |
division (B)(5)(a)(i) of this section, the attorney's fees | 3041 |
associated with those services. | 3042 |
(b) In connection with the hearing described in division | 3043 |
(B)(2)(a) of this section, each party who may be awarded court | 3044 |
costs and other reasonable expenses incurred in connection with | 3045 |
the civil action or appeal may submit to the court or be ordered | 3046 |
by the court to submit to it, for consideration in determining the | 3047 |
amount of the costs and expenses, an itemized list or other | 3048 |
evidence of the costs and expenses incurred in connection with | 3049 |
that action or appeal, including, but not limited to, expert | 3050 |
witness fees and expenses associated with discovery. | 3051 |
(C) An award of reasonable attorney's fees under this | 3052 |
section does not affect or determine the amount of or the manner | 3053 |
of computation of attorney's fees as between an attorney and the | 3054 |
attorney's client. | 3055 |
(D) This section does not affect or limit the application of | 3056 |
any provision of the Rules of Civil Procedure, the Rules of | 3057 |
Appellate Procedure, or another court rule or section of the | 3058 |
Revised Code to the extent that the provision prohibits an award | 3059 |
of court costs, attorney's fees, or other expenses incurred in | 3060 |
connection with a particular civil action or appeal or authorizes | 3061 |
an award of court costs, attorney's fees, or other expenses | 3062 |
incurred in connection with a particular civil action or appeal in | 3063 |
a specified manner, generally, or subject to limitations. | 3064 |
Sec. 2501.02. Each judge of a court of appeals shall have | 3065 |
been admitted to practice as an attorney at law in this state and | 3066 |
have, for a total of six years preceding
| 3067 |
appointment or
commencement of
| 3068 |
the practice of law in this state or served as a judge of a court | 3069 |
of record in any jurisdiction in the United States, or both. One | 3070 |
judge shall be chosen in each court of appeals district every two | 3071 |
years, and shall hold office for six years, beginning on the ninth | 3072 |
day of
February next after
| 3073 |
In addition to the original jurisdiction conferred by Section | 3074 |
3 of Article IV, Ohio Constitution, the court shall have | 3075 |
jurisdiction | 3076 |
affirm, modify, set aside, or reverse judgments or final orders of | 3077 |
courts of record inferior to the court of appeals within the | 3078 |
district, including the finding, order, or judgment of a juvenile | 3079 |
court that a child is delinquent, neglected, abused, or dependent, | 3080 |
for prejudicial error committed by such lower court. | 3081 |
The court, on good cause shown, may issue writs of | 3082 |
supersedeas in any case, and all other writs, not specially | 3083 |
provided for or prohibited by statute, necessary to enforce the | 3084 |
administration of justice. | 3085 |
Sec. 2743.18. (A)(1) Prejudgment interest shall be allowed | 3086 |
with respect to a civil action on which a judgment or | 3087 |
determination is rendered against the state for the same period of | 3088 |
time and at the same rate as allowed between private parties to a | 3089 |
suit. | 3090 |
(2) The court of claims, in its discretion, may deny | 3091 |
prejudgment interest for any period of undue delay between the | 3092 |
commencement of the civil action and the entry of a judgment or | 3093 |
determination against the state, for which it finds the claimant | 3094 |
to have been responsible. | 3095 |
(B)(1) Except as otherwise provided in division (B)(2) of | 3096 |
this section, interest shall be allowed on a judgment or | 3097 |
determination rendered against the state in a civil action | 3098 |
pursuant to this chapter at the same rate that is applicable to | 3099 |
judgments rendered against private parties to a suit as specified | 3100 |
in
| 3101 |
each day between the date of entry of the judgment or the | 3102 |
determination pursuant to division (C) of section 2743.10 of the | 3103 |
Revised Code and the date of payment of the judgment or | 3104 |
determination pursuant to division (C)(3) or (6) of section | 3105 |
2743.19 of the Revised Code, or for sixty days from the date of | 3106 |
entry of the judgment or the determination, whichever is less. | 3107 |
(2) If the court of claims renders a judgment pursuant to | 3108 |
this chapter against the state in a civil action or the clerk of | 3109 |
the court of claims enters an administrative determination under | 3110 |
section 2743.10 of the Revised Code against the state in a civil | 3111 |
action, the civil action is not based on tortious conduct, and the | 3112 |
claimant in the court of claims prevails in any appeal of the | 3113 |
judgment or determination, postjudgment interest shall be paid | 3114 |
with respect to the judgment or determination rendered against the | 3115 |
state at the same rate that is applicable to judgments rendered | 3116 |
against
private parties to a suit as set forth in
| 3117 |
section 1343.03 of the Revised Code and for each day between the | 3118 |
date of entry of the judgment or determination and the date of | 3119 |
payment of the judgment or determination pursuant to division | 3120 |
(C)(3) or (6) of section 2743.19 of the Revised Code. | 3121 |
Sec. 2743.19. (A) In rendering a judgment against the | 3122 |
state, the court of claims shall determine and specify in the | 3123 |
judgment the department, office, commission, board, agency, | 3124 |
institution, or other instrumentality of the state against which a | 3125 |
determination of liability has been made. The court of claims | 3126 |
shall award compensation for fees to a prevailing party in an | 3127 |
action under this chapter in accordance with section 2335.39 of | 3128 |
the Revised Code. | 3129 |
(B) No execution shall issue against the state or any | 3130 |
department, board, office, commission, agency, institution, or | 3131 |
other instrumentality of the state upon any judgment for the | 3132 |
payment of money. | 3133 |
(C) Judgments shall be accomplished only through the | 3134 |
following procedure, which may be enforced by writ of mandamus | 3135 |
directed to the appropriate official: | 3136 |
(1) The clerk of the court of claims shall forward a | 3137 |
certified copy of the judgment to the director of budget and | 3138 |
management and the attorney general or the officer who signed the | 3139 |
investigative report for the department, office, commission, | 3140 |
board, agency, institution, or other instrumentality of the state | 3141 |
against which a determination of liability has been made. | 3142 |
(2) The expense of a judgment paid, plus interest at the | 3143 |
same rate that is applicable to judgments rendered against private | 3144 |
parties to a suit as specified in
| 3145 |
of the Revised Code and for the number of days determined pursuant | 3146 |
to division (B)(1) or (2) of section 2743.18 of the Revised Code, | 3147 |
shall be charged by the director of budget and management against | 3148 |
available unencumbered moneys in the appropriations to whichever | 3149 |
state departments, boards, offices, commissions, agencies, | 3150 |
institutions, or other instrumentalities are named in the | 3151 |
judgment. The director of budget and management shall have sole | 3152 |
discretion to determine whether or not unencumbered moneys in a | 3153 |
particular appropriation are available for satisfaction of a | 3154 |
judgment. | 3155 |
(3) The director of budget and management, upon receipt of | 3156 |
the certified copy of the judgment from the clerk of the court of | 3157 |
claims pursuant to division (C)(1) of this section, shall provide | 3158 |
for payment of the judgment creditor in the amount of the judgment | 3159 |
certified by the clerk of the court of claims, plus interest. | 3160 |
(4) If the director of budget and management determines that | 3161 |
sufficient unencumbered moneys do not exist in the particular | 3162 |
appropriations to pay the judgment and interest, the director may | 3163 |
make application for payment of the judgment and interest out of | 3164 |
the emergency purposes account or another appropriation for | 3165 |
emergencies or contingencies. | 3166 |
(5) If moneys in the emergency purposes account or another | 3167 |
appropriation for emergencies or contingencies are not used to pay | 3168 |
the judgment and interest, the director of budget and management | 3169 |
shall request the general assembly to make an appropriation | 3170 |
sufficient to pay the judgment and interest, and no payment shall | 3171 |
be made until the appropriation has been made. The appropriate | 3172 |
state department, board, office, commission, agency, institution, | 3173 |
or other instrumentality shall make this appropriation request | 3174 |
during the current biennium and during each succeeding biennium | 3175 |
until a sufficient appropriation is made. | 3176 |
(6) If the judgment is against any department, board, | 3177 |
office, commission, agency, institution, or other instrumentality | 3178 |
of the state whose funds are not handled by the director of budget | 3179 |
and management, the instrumentality against which the judgment is | 3180 |
made, within sixty days after the date of the judgment, shall pay | 3181 |
the judgment creditor in the amount of the judgment plus interest | 3182 |
at the same rate that is applicable to judgments rendered against | 3183 |
private parties to a suit as specified in
| 3184 |
1343.03 of the Revised Code and for the number of days determined | 3185 |
pursuant to division (B)(1) or (2) of section 2743.18 of the | 3186 |
Revised Code. | 3187 |
(D) No judgment shall be forwarded by the clerk of the court | 3188 |
of claims to the director of budget and management until all | 3189 |
appeals have been determined and all rights to appeal have been | 3190 |
exhausted, except as otherwise provided in this section. If a | 3191 |
party to a civil action against the state appeals from only a | 3192 |
portion of a judgment and if a remaining portion provides for the | 3193 |
payment of money by the state, a certified copy of the judgment | 3194 |
and a copy of the notice of appeal shall be forwarded to the | 3195 |
director, and that part of the judgment calling for the payment of | 3196 |
money by the state and not a subject of the appeal shall be | 3197 |
processed for payment as described in this section. | 3198 |
Sec. 2744.01. As used in this chapter: | 3199 |
(A) "Emergency call" means a call to duty, including, but not | 3200 |
limited to, communications from citizens, police dispatches, and | 3201 |
personal observations by peace officers of inherently dangerous | 3202 |
situations that demand an immediate response on the part of a | 3203 |
peace officer. | 3204 |
(B) "Employee" means an officer, agent, employee, or servant, | 3205 |
whether or not compensated or full-time or part-time, who is | 3206 |
authorized to act and is acting within the scope of the officer's, | 3207 |
agent's, employee's, or servant's employment for a political | 3208 |
subdivision. "Employee" does not include an independent contractor | 3209 |
and does not include any individual engaged by a school district | 3210 |
pursuant to section 3319.301 of the Revised Code. "Employee" | 3211 |
includes any elected or appointed official of a political | 3212 |
subdivision. "Employee" also includes a person who has been | 3213 |
convicted of or pleaded guilty to a criminal offense and who has | 3214 |
been sentenced to perform community service work in a political | 3215 |
subdivision whether pursuant to section 2951.02 of the Revised | 3216 |
Code or otherwise, and a child who is found to be a delinquent | 3217 |
child and who is ordered by a juvenile court pursuant to section | 3218 |
2151.355 of the Revised Code to perform community service or | 3219 |
community work in a political subdivision. | 3220 |
(C)(1) "Governmental function" means a function of a | 3221 |
political subdivision that is specified in division (C)(2) of this | 3222 |
section or that satisfies any of the following: | 3223 |
(a) A function that is imposed upon the state as an | 3224 |
obligation of sovereignty and that is performed by a political | 3225 |
subdivision voluntarily or pursuant to legislative requirement; | 3226 |
(b) A function that is for the common good of all citizens | 3227 |
of the state; | 3228 |
(c) A function that promotes or preserves the public peace, | 3229 |
health, safety, or welfare; that involves activities that are not | 3230 |
engaged in or not customarily engaged in by nongovernmental | 3231 |
persons; and that is not specified in division (G)(2) of this | 3232 |
section as a proprietary function. | 3233 |
(2) A "governmental function" includes, but is not limited | 3234 |
to, the following: | 3235 |
(a) The provision or nonprovision of police, fire, emergency | 3236 |
medical, ambulance, and rescue services or protection; | 3237 |
(b) The power to preserve the peace; to prevent and suppress | 3238 |
riots, disturbances, and disorderly assemblages; to prevent, | 3239 |
mitigate, and clean up releases of oil and hazardous and extremely | 3240 |
hazardous substances as defined in section 3750.01 of the Revised | 3241 |
Code; and to protect persons and property; | 3242 |
(c) The provision of a system of public education; | 3243 |
(d) The provision of a free public library system; | 3244 |
(e) The regulation of the use of, and the maintenance and | 3245 |
repair of, roads, highways, streets, avenues, alleys, sidewalks, | 3246 |
bridges, aqueducts, viaducts, and public grounds; | 3247 |
(f) Judicial, quasi-judicial, prosecutorial, legislative, | 3248 |
and quasi-legislative functions; | 3249 |
(g) The construction, reconstruction, repair, renovation, | 3250 |
maintenance, and operation of buildings that are used in | 3251 |
connection with the performance of a governmental function, | 3252 |
including, but not limited to, office buildings and courthouses; | 3253 |
(h) The design, construction, reconstruction, renovation, | 3254 |
repair, maintenance, and operation of jails, places of juvenile | 3255 |
detention, workhouses, or any other detention facility, as defined | 3256 |
in section 2921.01 of the Revised Code; | 3257 |
(i) The enforcement or nonperformance of any law; | 3258 |
(j) The regulation of traffic, and the erection or | 3259 |
nonerection of traffic signs, signals, or control devices; | 3260 |
(k) The collection and disposal of solid wastes, as defined | 3261 |
in section 3734.01 of the Revised Code, including, but not limited | 3262 |
to, the operation of solid waste disposal facilities, as | 3263 |
"facilities" is defined in that section, and the collection and | 3264 |
management of hazardous waste generated by households. As used in | 3265 |
division (C)(2)(k) of this section, "hazardous waste generated by | 3266 |
households" means solid waste originally generated by individual | 3267 |
households that is listed specifically as hazardous waste in or | 3268 |
exhibits one or more characteristics of hazardous waste as defined | 3269 |
by rules adopted under section 3734.12 of the Revised Code, but | 3270 |
that is excluded from regulation as a hazardous waste by those | 3271 |
rules. | 3272 |
(l) The provision or nonprovision, planning or design, | 3273 |
construction, or reconstruction of a public improvement, | 3274 |
including, but not limited to, a sewer system; | 3275 |
(m) The operation of a human services department or agency, | 3276 |
including, but not limited to, the provision of assistance to aged | 3277 |
and infirm persons and to persons who are indigent; | 3278 |
(n) The operation of a health board, department, or agency, | 3279 |
including, but not limited to, any statutorily required or | 3280 |
permissive program for the provision of immunizations or other | 3281 |
inoculations to all or some members of the public, provided that a | 3282 |
"governmental function" does not include the supply, manufacture, | 3283 |
distribution, or development of any drug or vaccine employed in | 3284 |
any such immunization or inoculation program by any supplier, | 3285 |
manufacturer, distributor, or developer of the drug or vaccine; | 3286 |
(o) The operation of mental health facilities, mental | 3287 |
retardation or developmental disabilities facilities, alcohol | 3288 |
treatment and control centers, and children's homes or agencies; | 3289 |
(p) The provision or nonprovision of inspection services of | 3290 |
all types, including, but not limited to, inspections in | 3291 |
connection with building, zoning, sanitation, fire, plumbing, and | 3292 |
electrical codes, and the taking of actions in connection with | 3293 |
those types of codes, including, but not limited to, the approval | 3294 |
of plans for the construction of buildings or structures and the | 3295 |
issuance or revocation of building permits or stop work orders in | 3296 |
connection with buildings or structures; | 3297 |
(q) Urban renewal projects and the elimination of slum | 3298 |
conditions; | 3299 |
(r) Flood control measures; | 3300 |
(s) The design, construction, reconstruction, renovation, | 3301 |
operation, care, repair, and maintenance of a township cemetery; | 3302 |
(t) The issuance of revenue obligations under section 140.06 | 3303 |
of the Revised Code; | 3304 |
(u) The design, construction, reconstruction, renovation, | 3305 |
repair, maintenance, and operation of any park, playground, | 3306 |
playfield, indoor recreational facility, zoo, zoological park, | 3307 |
bath, swimming pool, pond, water park, wading pool, wave pool, | 3308 |
water slide, and other type of aquatic facility, or golf course; | 3309 |
(v) The provision of public defender services by a county or | 3310 |
joint county public defender's office pursuant to Chapter 120. of | 3311 |
the Revised Code; | 3312 |
(w) A function that the general assembly mandates a | 3313 |
political subdivision to perform. | 3314 |
(D) "Law" means any provision of the constitution, statutes, | 3315 |
or rules of the United States or of this state; provisions of | 3316 |
charters, ordinances, resolutions, and rules of political | 3317 |
subdivisions; and written policies adopted by boards of education. | 3318 |
When used in connection with the "common law," this definition | 3319 |
does not apply. | 3320 |
(E) "Motor vehicle" has the same meaning as in section | 3321 |
4511.01 of the Revised Code. | 3322 |
(F) "Political subdivision" or "subdivision" means a | 3323 |
municipal corporation, township, county, school district, or other | 3324 |
body corporate and politic responsible for governmental activities | 3325 |
in a geographic area smaller than that of the state. "Political | 3326 |
subdivision" includes, but is not limited to, a county hospital | 3327 |
commission appointed under section 339.14 of the Revised Code, | 3328 |
regional planning commission created pursuant to section 713.21 of | 3329 |
the Revised Code, county planning commission created pursuant to | 3330 |
section 713.22 of the Revised Code, joint planning council created | 3331 |
pursuant to section 713.231 of the Revised Code, interstate | 3332 |
regional planning commission created pursuant to section 713.30 of | 3333 |
the Revised Code, port authority created pursuant to section | 3334 |
4582.02 or 4582.26 of the Revised Code or in existence on December | 3335 |
16, 1964, regional council established by political subdivisions | 3336 |
pursuant to Chapter 167. of the Revised Code, emergency planning | 3337 |
district and joint emergency planning district designated under | 3338 |
section 3750.03 of the Revised Code, joint emergency medical | 3339 |
services district created pursuant to section 307.052 of the | 3340 |
Revised Code, fire and ambulance district created pursuant to | 3341 |
section 505.375 of the Revised Code, joint interstate emergency | 3342 |
planning district established by an agreement entered into under | 3343 |
that section, county solid waste management district and joint | 3344 |
solid waste management district established under section 343.01 | 3345 |
or 343.012 of the Revised Code, and community school established | 3346 |
under Chapter 3314. of the Revised Code. | 3347 |
(G)(1) "Proprietary function" means a function of a political | 3348 |
subdivision that is specified in division (G)(2) of this section | 3349 |
or that satisfies both of the following: | 3350 |
(a) The function is not one described in division (C)(1)(a) | 3351 |
or (b) of this section and is not one specified in division (C)(2) | 3352 |
of this section; | 3353 |
(b) The function is one that promotes or preserves the | 3354 |
public peace, health, safety, or welfare and that involves | 3355 |
activities that are customarily engaged in by nongovernmental | 3356 |
persons. | 3357 |
(2) A "proprietary function" includes, but is not limited | 3358 |
to, the following: | 3359 |
(a) The operation of a hospital by one or more political | 3360 |
subdivisions; | 3361 |
(b) The design, construction, reconstruction, renovation, | 3362 |
repair, maintenance, and operation of a public cemetery other than | 3363 |
a township cemetery; | 3364 |
(c) The establishment, maintenance, and operation of a | 3365 |
utility, including, but not limited to, a light, gas, power, or | 3366 |
heat plant, a railroad, a busline or other transit company, an | 3367 |
airport, and a municipal corporation water supply system; | 3368 |
(d) The maintenance, destruction, operation, and upkeep of a | 3369 |
sewer system; | 3370 |
(e) The operation and control of a public stadium, | 3371 |
auditorium, civic or social center, exhibition hall, arts and | 3372 |
crafts center, band or orchestra, or off-street parking facility. | 3373 |
(H)
| 3374 |
3375 | |
3376 | |
3377 | |
3378 |
| 3379 |
limited to, the general assembly, the supreme court, the offices | 3380 |
of all elected state officers, and all departments, boards, | 3381 |
offices, commissions, agencies, colleges and universities, | 3382 |
institutions, and other instrumentalities of the state of Ohio. | 3383 |
"State" does not include political subdivisions. | 3384 |
Sec. 2744.02. (A)(1) For the purposes of this chapter, the | 3385 |
functions of political subdivisions are hereby classified as | 3386 |
governmental functions and proprietary functions. Except as | 3387 |
provided in division (B) of this section, a political subdivision | 3388 |
is not liable in damages in a civil action for injury, death, or | 3389 |
loss to person or property allegedly caused by any act or omission | 3390 |
of the political subdivision or an employee of the political | 3391 |
subdivision in connection with a governmental or proprietary | 3392 |
function. | 3393 |
(2) Subject to statutory limitations upon their monetary | 3394 |
jurisdiction, the courts of common pleas, the municipal courts, | 3395 |
and the county courts have jurisdiction to hear and determine | 3396 |
civil actions governed by or brought pursuant to this chapter. | 3397 |
(B) Subject to sections 2744.03 and 2744.05 of the Revised | 3398 |
Code, a political subdivision is liable in damages in a civil | 3399 |
action for injury, death, or loss to person or property allegedly | 3400 |
caused by an act or omission of the political subdivision or of | 3401 |
any of its employees in connection with a governmental or | 3402 |
proprietary function, as follows: | 3403 |
(1) Except as otherwise provided in this division, political | 3404 |
subdivisions are liable for injury, death, or loss to person or | 3405 |
property caused by the negligent operation of any motor vehicle by | 3406 |
their employees upon the public roads, highways, or streets when | 3407 |
the employees are engaged within the scope of their employment and | 3408 |
authority. The following are full defenses to that liability: | 3409 |
(a) A member of a municipal corporation police department or | 3410 |
any other police agency was operating a motor vehicle while | 3411 |
responding to an emergency call and the operation of the vehicle | 3412 |
did not constitute willful or wanton misconduct; | 3413 |
(b) A member of a municipal corporation fire department or | 3414 |
any other firefighting agency was operating a motor vehicle while | 3415 |
engaged in duty at a fire, proceeding toward a place where a fire | 3416 |
is in progress or is believed to be in progress, or answering any | 3417 |
other emergency alarm and the operation of the vehicle did not | 3418 |
constitute willful or wanton misconduct; | 3419 |
(c) A member of an emergency medical service owned or | 3420 |
operated by a political subdivision was operating a motor vehicle | 3421 |
while responding to or completing a call for emergency medical | 3422 |
care or treatment, the member was holding a valid commercial | 3423 |
driver's license issued pursuant to Chapter 4506. or a driver's | 3424 |
license issued pursuant to Chapter 4507. of the Revised Code, the | 3425 |
operation of the vehicle did not constitute willful or wanton | 3426 |
misconduct, and the operation complies with the precautions of | 3427 |
section 4511.03 of the Revised Code. | 3428 |
(2) Except as otherwise provided in sections 3314.07 and | 3429 |
3746.24 of the Revised Code, political subdivisions are liable for | 3430 |
injury, death, or loss to person or property caused by the | 3431 |
negligent performance of acts by their employees with respect to | 3432 |
proprietary functions of the political subdivisions. | 3433 |
(3) Except as otherwise provided in section 3746.24 of the | 3434 |
Revised Code, political subdivisions are liable for injury, death, | 3435 |
or loss to person or property caused by their
| 3436 |
keep public roads, highways, streets, avenues, alleys, sidewalks, | 3437 |
bridges, aqueducts, viaducts, or public grounds within the | 3438 |
political subdivisions open, in repair
| 3439 |
3440 | |
except that it is a full defense to that liability, when a bridge | 3441 |
within a municipal corporation is involved, that the municipal | 3442 |
corporation does not have the responsibility for maintaining or | 3443 |
inspecting the bridge. | 3444 |
(4) Except as otherwise provided in section 3746.24 of the | 3445 |
Revised Code, political subdivisions are liable for injury, death, | 3446 |
or loss to person or property that is caused by the negligence of | 3447 |
their employees and that occurs within or on the grounds of | 3448 |
3449 | |
that are used in connection with the performance of a governmental | 3450 |
function, including, but not limited to, office buildings and | 3451 |
courthouses, but not including jails, places of juvenile | 3452 |
detention, workhouses, or any other detention facility, as defined | 3453 |
in section 2921.01 of the Revised Code. | 3454 |
(5) In addition to the circumstances described in divisions | 3455 |
(B)(1) to (4) of this section, a political subdivision is liable | 3456 |
for injury, death, or loss to person or property when liability is | 3457 |
expressly imposed upon the political subdivision by a section of | 3458 |
the Revised Code, including, but not limited to, sections 2743.02 | 3459 |
and 5591.37 of the Revised Code. Liability shall not be construed | 3460 |
to exist under another section of the Revised Code merely because | 3461 |
| 3462 |
upon a political subdivision | 3463 |
authorization
| 3464 |
and be sued | 3465 |
3466 |
| 3467 |
3468 | |
3469 | |
3470 |
Sec. 2744.03. (A) In a civil action brought against a | 3471 |
political subdivision or an employee of a political subdivision to | 3472 |
recover damages for injury, death, or loss to persons or property | 3473 |
allegedly caused by any act or omission in connection with a | 3474 |
governmental or proprietary function, the following defenses or | 3475 |
immunities may be asserted to establish nonliability: | 3476 |
(1) The political subdivision is immune from liability if | 3477 |
the employee involved was engaged in the performance of a | 3478 |
judicial, quasi-judicial, prosecutorial, legislative, or | 3479 |
quasi-legislative function. | 3480 |
(2) The political subdivision is immune from liability if | 3481 |
the conduct of the employee involved, other than negligent | 3482 |
conduct, that gave rise to the claim of liability was required by | 3483 |
law or authorized by law, or if the conduct of the employee | 3484 |
involved that gave rise to the claim of liability was necessary or | 3485 |
essential to the exercise of powers of the political subdivision | 3486 |
or employee. | 3487 |
(3) The political subdivision is immune from liability if | 3488 |
the action or failure to act by the employee involved that gave | 3489 |
rise to the claim of liability was within the discretion of the | 3490 |
employee with respect to policy-making, planning, or enforcement | 3491 |
powers by virtue of the duties and responsibilities of the office | 3492 |
or position of the employee. | 3493 |
(4) The political subdivision is immune from liability if | 3494 |
the action or failure to act by the political subdivision or | 3495 |
employee involved that gave rise to the claim of liability | 3496 |
resulted in injury or death to a person who had been convicted of | 3497 |
or pleaded guilty to a criminal offense and who, at the time of | 3498 |
the injury or death, was serving any portion of the person's | 3499 |
sentence by performing community service work for or in the | 3500 |
political subdivision whether pursuant to section 2951.02 of the | 3501 |
Revised Code or otherwise, or resulted in injury or death to a | 3502 |
child who was found to be a delinquent child and who, at the time | 3503 |
of the injury or death, was performing community service or | 3504 |
community work for or in a political subdivision in accordance | 3505 |
with the order of a juvenile court entered pursuant to section | 3506 |
2151.355 of the Revised Code, and if, at the time of the person's | 3507 |
or child's injury or death, the person or child was covered for | 3508 |
purposes of Chapter 4123. of the Revised Code in connection with | 3509 |
the community service or community work for or in the political | 3510 |
subdivision. | 3511 |
(5) The political subdivision is immune from liability if | 3512 |
the injury, death, or loss to persons or property resulted from | 3513 |
the exercise of judgment or discretion in determining whether to | 3514 |
acquire, or how to use, equipment, supplies, materials, personnel, | 3515 |
facilities, and other resources unless the judgment or discretion | 3516 |
was exercised with malicious purpose, in bad faith, or in a wanton | 3517 |
or reckless manner. | 3518 |
(6) In addition to any immunity or defense referred to in | 3519 |
division (A)(7) of this section and in circumstances not covered | 3520 |
by that division or sections 3314.07 and 3746.24 of the Revised | 3521 |
Code, the employee is immune from liability unless one of the | 3522 |
following applies: | 3523 |
(a) The employee's acts or omissions were manifestly outside | 3524 |
the scope of the employee's employment or official | 3525 |
responsibilities; | 3526 |
(b) The employee's acts or omissions were with malicious | 3527 |
purpose, in bad faith, or in a wanton or reckless manner; | 3528 |
(c) Liability is expressly imposed upon the employee by a | 3529 |
section of the Revised Code.
| 3530 |
3531 | |
3532 | |
3533 | |
3534 | |
3535 |
(7) The political subdivision, and an employee who is a | 3536 |
county prosecuting attorney, city director of law, village | 3537 |
solicitor, or similar chief legal officer of a political | 3538 |
subdivision, an assistant of any such person, or a judge of a | 3539 |
court of this state is entitled to any defense or immunity | 3540 |
available at common law or established by the Revised Code. | 3541 |
(B) Any immunity or defense conferred upon, or referred to | 3542 |
in connection with, an employee by division (A)(6) or (7) of this | 3543 |
section does not affect or limit any liability of a political | 3544 |
subdivision for an act or omission of the employee as provided in | 3545 |
section 2744.02 of the Revised Code. | 3546 |
Sec. 2744.04. (A) An action against a political subdivision | 3547 |
to recover damages for injury, death, or loss to persons or | 3548 |
property allegedly caused by any act or omission in connection | 3549 |
with a governmental or proprietary function, whether brought as an | 3550 |
original action, cross-claim, counterclaim, third-party claim, or | 3551 |
claim for subrogation, shall be brought within two years after the | 3552 |
cause of action arose, or within any applicable shorter period of | 3553 |
time for bringing the action provided by the Revised Code. This | 3554 |
division applies to actions brought against political subdivisions | 3555 |
by all persons, governmental entities, and the state. | 3556 |
(B) In the complaint filed in a civil action against a | 3557 |
political subdivision or an employee of a political subdivision to | 3558 |
recover damages for injury, death, or loss to persons or property | 3559 |
allegedly caused by an act or omission in connection with a | 3560 |
governmental or proprietary function, whether filed in an original | 3561 |
action, cross-claim, counterclaim, third-party claim, or claim for | 3562 |
subrogation, the complainant shall include a demand for a judgment | 3563 |
for the damages that the judge in a nonjury trial or the jury in a | 3564 |
jury trial finds that the complainant is entitled to be awarded, | 3565 |
but shall not specify in that demand any monetary amount for | 3566 |
damages sought. | 3567 |
Sec. 2744.05. Notwithstanding any other provisions of the | 3568 |
Revised Code or rules of a court to the contrary, in an action | 3569 |
against a political subdivision to recover damages for injury, | 3570 |
death, or loss to person or property caused by an act or omission | 3571 |
in connection with a governmental or proprietary function: | 3572 |
(A) Punitive or exemplary damages shall not be awarded. | 3573 |
(B) | 3574 |
benefits for injuries or loss allegedly incurred from a policy or | 3575 |
policies of insurance or any other source, the benefits shall be | 3576 |
disclosed to the court, and the amount of the benefits shall be | 3577 |
deducted from any award against a political subdivision recovered | 3578 |
by that claimant. No insurer or other person is entitled to bring | 3579 |
an action under a subrogation provision in an insurance or other | 3580 |
contract against a political subdivision with respect to those | 3581 |
benefits.
| 3582 |
3583 | |
3584 | |
3585 | |
3586 | |
3587 | |
3588 | |
3589 | |
3590 |
| 3591 |
construed to do either of the following: | 3592 |
| 3593 |
insurance policy or the rights of sureties under fidelity or | 3594 |
surety bonds; | 3595 |
| 3596 |
from recovering from the political subdivision, pursuant to | 3597 |
section 5101.58 of the Revised Code, the cost of medical | 3598 |
assistance benefits provided under Chapter 5107., 5111., or 5115. | 3599 |
of the Revised Code. | 3600 |
(C)(1) There shall not be any limitation on compensatory | 3601 |
damages that represent the actual loss of the person who is | 3602 |
awarded the damages. However, except in wrongful death actions | 3603 |
brought pursuant to Chapter 2125. of the Revised Code, damages | 3604 |
that arise from the same cause of action, transaction or | 3605 |
occurrence, or series of transactions or occurrences and that do | 3606 |
not represent the actual loss of the person who is awarded the | 3607 |
damages shall not exceed two hundred fifty thousand dollars in | 3608 |
favor of any one person. The limitation on damages that do not | 3609 |
represent the actual loss of the person who is awarded the damages | 3610 |
provided in this division does not apply to court costs that are | 3611 |
awarded to a plaintiff, or to interest on a judgment rendered in | 3612 |
favor of a plaintiff, in an action against a political | 3613 |
subdivision. | 3614 |
(2) As used in this division, "the actual loss of the person | 3615 |
who is awarded the damages" includes all of the following: | 3616 |
(a) All wages, salaries, or other compensation lost by the | 3617 |
person injured as a result of the injury, including wages, | 3618 |
salaries, or other compensation lost as of the date of a judgment | 3619 |
and future expected lost earnings of the person injured; | 3620 |
(b) All expenditures of the person injured or another person | 3621 |
on behalf of the person injured for medical care or treatment, for | 3622 |
rehabilitation services, or for other care, treatment, services, | 3623 |
products, or accommodations that were necessary because of the | 3624 |
injury; | 3625 |
(c) All expenditures to be incurred in the future, as | 3626 |
determined by the court, by the person injured or another person | 3627 |
on behalf of the person injured for medical care or treatment, for | 3628 |
rehabilitation services, or for other care, treatment, services, | 3629 |
products, or accommodations that will be necessary because of the | 3630 |
injury; | 3631 |
(d) All expenditures of a person whose property was injured | 3632 |
or destroyed or of another person on behalf of the person whose | 3633 |
property was injured or destroyed in order to repair or replace | 3634 |
the property that was injured or destroyed; | 3635 |
(e) All expenditures of the person injured or of the person | 3636 |
whose property was injured or destroyed or of another person on | 3637 |
behalf of the person injured or of the person whose property was | 3638 |
injured or destroyed in relation to the actual preparation or | 3639 |
presentation of the claim involved; | 3640 |
(f) Any other expenditures of the person injured or of the | 3641 |
person whose property was injured or destroyed or of another | 3642 |
person on behalf of the person injured or of the person whose | 3643 |
property was injured or destroyed that the court determines | 3644 |
represent an actual loss experienced because of the personal or | 3645 |
property injury or property loss. | 3646 |
"The actual loss of the person who is awarded the damages" | 3647 |
does not include any fees paid or owed to an attorney for any | 3648 |
services rendered in relation to a personal or property injury or | 3649 |
property loss, and does not include any damages awarded for pain | 3650 |
and suffering, for the loss of society, consortium, companionship, | 3651 |
care, assistance, attention, protection, advice, guidance, | 3652 |
counsel, instruction, training, or education of the person | 3653 |
injured, for mental anguish, or for any other intangible loss. | 3654 |
Sec. 2744.06. (A) Real or personal property, and moneys, | 3655 |
accounts, deposits, or investments of a political subdivision are | 3656 |
not subject to execution, judicial sale, garnishment, or | 3657 |
attachment to satisfy a judgment rendered against a political | 3658 |
subdivision in a civil action to recover damages for injury, | 3659 |
death, or loss to
| 3660 |
omission of the political subdivision or any of its employees in | 3661 |
connection with a governmental or proprietary function. Such | 3662 |
judgments shall be paid from funds of the political subdivisions | 3663 |
that have been appropriated for that purpose, but, if sufficient | 3664 |
funds are not currently appropriated for the payment of judgments, | 3665 |
the fiscal officer of a political subdivision shall certify the | 3666 |
amount of any unpaid judgments to the taxing authority of the | 3667 |
political subdivision for inclusion in the next succeeding budget | 3668 |
and annual appropriation measure and payment in the next | 3669 |
succeeding fiscal year as provided by section 5705.08 of the | 3670 |
Revised Code, unless any such judgment is to be paid from the | 3671 |
proceeds of bonds issued pursuant to section 133.14 of the Revised | 3672 |
Code or pursuant to annual installments authorized by division (B) | 3673 |
or (C) of this section. | 3674 |
(B)(1)(a) As used in this division, "the actual loss of the | 3675 |
person who is awarded the damages" includes all of the following: | 3676 |
(i) All wages, salaries, or other compensation lost by the | 3677 |
person injured as a result of the injury, as of the date of the | 3678 |
judgment; | 3679 |
(ii) All expenditures of the person injured or of another | 3680 |
person on
| 3681 |
treatment, for rehabilitation services, or for other care, | 3682 |
treatment, services, products, or accommodations that were | 3683 |
necessary because of the injury; | 3684 |
(iii) All expenditures of a person whose property was | 3685 |
injured or destroyed or of another person on
| 3686 |
person whose property was injured or destroyed in order to repair | 3687 |
or replace the property that was injured or destroyed; | 3688 |
(iv) All expenditures of the person injured or whose | 3689 |
property was injured or destroyed or of another person on
| 3690 |
behalf of the person injured or whose property was injured or | 3691 |
destroyed in relation to the actual preparation or presentation of | 3692 |
the person's claim; | 3693 |
(v) Any other expenditures of the person injured or
| 3694 |
3695 | |
person on
| 3696 |
injured or destroyed that the court determines represent an actual | 3697 |
loss experienced because of the personal or property injury or | 3698 |
property loss. | 3699 |
(b) As used in this division, "the actual loss of the person | 3700 |
who is awarded the damages" does not include any of the following: | 3701 |
(i) Wages, salaries, or other compensation lost by the | 3702 |
person injured as a result of the injury, that are future expected | 3703 |
earnings of such a person; | 3704 |
(ii) Expenditures to be incurred in the future, as | 3705 |
determined by the court, by the person injured or by another | 3706 |
person on
| 3707 |
treatment, for rehabilitation services, or for other care, | 3708 |
treatment, services, products, or accommodations that will be | 3709 |
necessary because of the injury; | 3710 |
(iii) Any fees paid or owed to an attorney for any services | 3711 |
rendered in relation to a personal or property injury or property | 3712 |
loss; | 3713 |
(iv) Any damages awarded for pain and suffering, for the | 3714 |
loss of society, consortium, companionship, care, assistance, | 3715 |
attention, protection, advice, guidance, counsel, instruction, | 3716 |
training, or education of the person injured, for mental anguish, | 3717 |
or for any other intangible loss. | 3718 |
(2) Except as specifically provided to the contrary in this | 3719 |
division, a court that renders a judgment against a political | 3720 |
subdivision as described in division (A) of this section and that | 3721 |
is not in favor of the state may authorize the political | 3722 |
subdivision, upon the motion of the political subdivision, to pay | 3723 |
the judgment or a specified portion of the judgment in annual | 3724 |
installments over a period not to exceed ten years, subject to the | 3725 |
payment of interest at the rate specified in section 1343.03 of | 3726 |
the Revised Code. A court shall not authorize the payment in | 3727 |
installments under this division of any portion of a judgment or | 3728 |
entire judgment that represents the actual loss of the person who | 3729 |
is awarded the damages. | 3730 |
Additionally, a court shall not authorize the payment in | 3731 |
installments under this division of any portion of a judgment or | 3732 |
entire judgment that does not represent the actual loss of the | 3733 |
person who is awarded the damages unless the court, after | 3734 |
balancing the interests of the political subdivision and of the | 3735 |
person in whose favor the judgment was rendered, determines that | 3736 |
installment payments would be appropriate under the circumstances | 3737 |
and would not be unjust to the person in whose favor the judgment | 3738 |
was rendered. If a court makes such a determination, it shall fix | 3739 |
the amount of the installment payments in such a manner as to | 3740 |
achieve for the person in whose favor the judgment was rendered, | 3741 |
the same economic result over the
period as
| 3742 |
have received if the judgment or portion of the judgment subject | 3743 |
to the installment payments had been paid in a lump sum payment. | 3744 |
(C) At the option of a political subdivision, a judgment as | 3745 |
described in division (A) of this section and that is rendered in | 3746 |
favor of the state may be paid in equal annual installments over a | 3747 |
period not to exceed ten years, without the payment of interest. | 3748 |
Sec. 3123.17. (A) When a court issues or modifies a | 3749 |
court support order, the court shall determine the following: | 3750 |
(1) Whether the obligor is in default under a prior court | 3751 |
support order or the court support order being modified; | 3752 |
(2) If the obligor is in default, the date the court support | 3753 |
order went into default and the amount of support arrearages owed | 3754 |
pursuant to the default. | 3755 |
If the court determines the obligor is in default under a | 3756 |
support order, the court shall issue a new order requiring the | 3757 |
obligor to pay support. If the court determines the default was | 3758 |
willful, the court shall assess interest on the arrearage amount | 3759 |
from the date the court specifies as the date of default to the | 3760 |
date the court issues the new order requiring the payment of | 3761 |
support and shall compute the interest at the rate specified in | 3762 |
| 3763 |
shall specify in the support order the amount of interest the | 3764 |
court assessed against the obligor and incorporate the amount of | 3765 |
interest into the new monthly payment plan. | 3766 |
(B) When a court issues or modifies a court support order, | 3767 |
the court may include in the support order a statement ordering | 3768 |
either party to pay the costs of the action, including, but not | 3769 |
limited to, attorney's fees, fees for genetic tests in contested | 3770 |
actions under sections 3111.01 to 3111.18 of the Revised Code, | 3771 |
and court costs. | 3772 |
Sec. 3722.08. (A) If the director of health determines that | 3773 |
an adult care facility is in violation of this chapter or rules | 3774 |
adopted under it,
| 3775 |
pursuant to rules adopted by the public health council under this | 3776 |
chapter, on the owner of the facility. The director shall | 3777 |
determine the classification and amount of the penalty by | 3778 |
considering the following factors: | 3779 |
(1) The gravity of the violation, the severity of the actual | 3780 |
or potential harm, and the extent to which the provisions of this | 3781 |
chapter or rules adopted under it were violated; | 3782 |
(2) Actions taken by the owner or manager to correct the | 3783 |
violation; | 3784 |
(3) The number, if any, of previous violations by the adult | 3785 |
care facility. | 3786 |
(B) The director shall give written notice of the order | 3787 |
imposing a civil penalty to the adult care facility by certified | 3788 |
mail, return receipt requested, or shall provide for delivery of | 3789 |
the notice in person. The notice shall specify the classification | 3790 |
of the violation as determined by rules adopted by the public | 3791 |
health council pursuant to this chapter, the amount of the penalty | 3792 |
and the rate of interest, the action that is required to be taken | 3793 |
to correct the violation, the time within which it is to be | 3794 |
corrected as specified in division (C) of this section, and the | 3795 |
procedures for the facility to follow to request a conference on | 3796 |
the order imposing a civil penalty. If the facility requests a | 3797 |
conference in a letter mailed or delivered not later than two | 3798 |
working days after it has received the notice, the director shall | 3799 |
hold a conference with representatives of the facility concerning | 3800 |
the civil penalty. The conference shall be held not later than | 3801 |
seven days after the director receives the request. The | 3802 |
conference shall be conducted as prescribed in division (C) of | 3803 |
section 3722.07 of the Revised Code. If the director issues an | 3804 |
order upholding the civil penalty, the facility may request an | 3805 |
adjudication hearing pursuant to Chapter 119. of the Revised Code, | 3806 |
but the order of the director shall be in effect during | 3807 |
proceedings instituted pursuant to that chapter until a final | 3808 |
adjudication is made. | 3809 |
(C) The director shall order that the condition or practice | 3810 |
constituting a class I violation be abated or eliminated within | 3811 |
twenty-four hours or any longer period
| 3812 |
considers reasonable. The notice for a class II or a class III | 3813 |
violation shall specify a time within which the violation is | 3814 |
required to be corrected. | 3815 |
(D) If the facility does not request a conference or if, | 3816 |
after a conference, it fails to take action to correct a | 3817 |
violation, the director shall issue an order upholding the | 3818 |
penalty, plus interest at the rate specified in section 1343.03 of | 3819 |
the Revised Code for each day beyond the date set for payment of | 3820 |
the penalty. The director may waive the interest payment for the | 3821 |
period prior to the conference if
| 3822 |
the conference was necessitated by a legitimate dispute. | 3823 |
(E) The director may cancel or reduce the penalty for a | 3824 |
class I violation if the facility corrects the violation within | 3825 |
the time specified in the notice unless a resident suffers | 3826 |
physical harm because of the violation or unless the facility has | 3827 |
been cited previously for the same violation, in which case the | 3828 |
director shall impose the penalty even though the facility has | 3829 |
corrected the violation. The director shall cancel the penalty | 3830 |
for a class II or class III violation if the facility corrects the | 3831 |
violation within the time specified in the notice unless the | 3832 |
facility has been cited previously for the same violation. Each | 3833 |
day of a violation of any class, after the date the director sets | 3834 |
for abatement or elimination, constitutes a separate and | 3835 |
additional violation. | 3836 |
(F) If an adult care facility fails to pay a penalty imposed | 3837 |
under this section, the director may commence a civil action to | 3838 |
collect the penalty. The license of an adult care facility that | 3839 |
has failed to pay a penalty imposed under this section shall not | 3840 |
be renewed until the penalty has been paid. | 3841 |
(G) If a penalty is imposed under this section, a fine shall | 3842 |
not be imposed under section 3722.99 of the Revised Code for the | 3843 |
same violation. | 3844 |
(H) Notwithstanding any other division of this section, the | 3845 |
director shall not impose a penalty for a class I violation if all | 3846 |
of the following apply: | 3847 |
(1) A resident has not suffered physical harm because of the | 3848 |
violation; | 3849 |
(2) The violation has been corrected and is no longer | 3850 |
occurring; | 3851 |
(3) The violation is discovered by an inspector authorized | 3852 |
to inspect an adult care facility pursuant to this chapter by
| 3853 |
an examination of the records of the facility. | 3854 |
Sec. 4112.02. It shall be an unlawful discriminatory | 3855 |
practice: | 3856 |
(A) For any employer, because of the race, color, religion, | 3857 |
sex, national origin, disability, age, or ancestry of any person, | 3858 |
to discharge without just cause, to refuse to hire, or otherwise | 3859 |
to discriminate against that person with respect to hire, tenure, | 3860 |
terms, conditions, or privileges of employment, or any matter | 3861 |
directly or indirectly related to employment. | 3862 |
(B) For an employment agency or personnel placement service, | 3863 |
because of race, color, religion, sex, national origin, | 3864 |
disability, age, or ancestry, to do any of the following: | 3865 |
(1) Refuse or fail to accept, register, classify properly, | 3866 |
or refer for employment, or otherwise discriminate against any | 3867 |
person; | 3868 |
(2) Comply with a request from an employer for referral of | 3869 |
applicants for employment if the request directly or indirectly | 3870 |
indicates that the employer fails to comply with the provisions of | 3871 |
sections 4112.01 to 4112.07 of the Revised Code. | 3872 |
(C) For any labor organization to do any of the following: | 3873 |
(1) Limit or classify its membership on the basis of race, | 3874 |
color, religion, sex, national origin, disability, age, or | 3875 |
ancestry; | 3876 |
(2) Discriminate against, limit the employment opportunities | 3877 |
of, or otherwise adversely affect the employment status, wages, | 3878 |
hours, or employment conditions of any person as an employee | 3879 |
because of race, color, religion, sex, national origin, | 3880 |
disability, age, or ancestry. | 3881 |
(D) For any employer, labor organization, or joint | 3882 |
labor-management committee controlling apprentice training | 3883 |
programs to discriminate against any person because of race, | 3884 |
color, religion, sex, national origin, disability, or ancestry in | 3885 |
admission to, or employment in, any program established to provide | 3886 |
apprentice training. | 3887 |
(E) Except where based on a bona fide occupational | 3888 |
qualification certified in advance by the commission, for any | 3889 |
employer, employment agency, personnel placement service, or labor | 3890 |
organization, prior to employment or admission to membership, to | 3891 |
do any of the following: | 3892 |
(1) Elicit or attempt to elicit any information concerning | 3893 |
the race, color, religion, sex, national origin, disability, age, | 3894 |
or ancestry of an applicant for employment or membership; | 3895 |
(2) Make or keep a record of the race, color, religion, sex, | 3896 |
national origin, disability, age, or ancestry of any applicant for | 3897 |
employment or membership; | 3898 |
(3) Use any form of application for employment, or personnel | 3899 |
or membership blank, seeking to elicit information regarding race, | 3900 |
color, religion, sex, national origin, disability, age, or | 3901 |
ancestry; but an employer holding a contract containing a | 3902 |
nondiscrimination clause with the government of the United States, | 3903 |
or any department or agency of that government, may require an | 3904 |
employee or applicant for employment to furnish documentary proof | 3905 |
of United States citizenship and may retain that proof in the | 3906 |
employer's personnel records and may use photographic or | 3907 |
fingerprint identification for security purposes; | 3908 |
(4) Print or publish or cause to be printed or published any | 3909 |
notice or advertisement relating to employment or membership | 3910 |
indicating any preference, limitation, specification, or | 3911 |
discrimination, based upon race, color, religion, sex, national | 3912 |
origin, disability, age, or ancestry; | 3913 |
(5) Announce or follow a policy of denying or limiting, | 3914 |
through a quota system or otherwise, employment or membership | 3915 |
opportunities of any group because of the race, color, religion, | 3916 |
sex, national origin, disability, age, or ancestry of that group; | 3917 |
(6) Utilize in the recruitment or hiring of persons any | 3918 |
employment agency, personnel placement service, training school or | 3919 |
center, labor organization, or any other employee-referring source | 3920 |
known to discriminate against persons because of their race, | 3921 |
color, religion, sex, national origin, disability, age, or | 3922 |
ancestry. | 3923 |
(F) For any person seeking employment to publish or cause to | 3924 |
be published any advertisement that specifies or in any manner | 3925 |
indicates that person's race, color, religion, sex, national | 3926 |
origin, disability, age, or ancestry, or expresses a limitation or | 3927 |
preference as to the race, color, religion, sex, national origin, | 3928 |
disability, age, or ancestry of any prospective employer. | 3929 |
(G) For any proprietor or any employee, keeper, or manager | 3930 |
of a place of public accommodation to deny to any person, except | 3931 |
for reasons applicable alike to all persons regardless of race, | 3932 |
color, religion, sex, national origin, disability, age, or | 3933 |
ancestry, the full enjoyment of the accommodations, advantages, | 3934 |
facilities, or privileges of the place of public accommodation. | 3935 |
(H) For any person to do any of the following: | 3936 |
(1) Refuse to sell, transfer, assign, rent, lease, sublease, | 3937 |
or finance housing accommodations, refuse to negotiate for the | 3938 |
sale or rental of housing accommodations, or otherwise deny or | 3939 |
make unavailable housing accommodations because of race, color, | 3940 |
religion, sex, familial status, ancestry, disability, or national | 3941 |
origin; | 3942 |
(2) Represent to any person that housing accommodations are | 3943 |
not available for inspection, sale, or rental, when in fact they | 3944 |
are available, because of race, color, religion, sex, familial | 3945 |
status, ancestry, disability, or national origin; | 3946 |
(3) Discriminate against any person in the making or | 3947 |
purchasing of loans or the provision of other financial assistance | 3948 |
for the acquisition, construction, rehabilitation, repair, or | 3949 |
maintenance of housing accommodations, or any person in the making | 3950 |
or purchasing of loans or the provision of other financial | 3951 |
assistance that is secured by residential real estate, because of | 3952 |
race, color, religion, sex, familial status, ancestry, disability, | 3953 |
or national origin or because of the racial composition of the | 3954 |
neighborhood in which the housing accommodations are located, | 3955 |
provided that the person, whether an individual, corporation, or | 3956 |
association of any type, lends money as one of the principal | 3957 |
aspects or incident to the person's principal business and not | 3958 |
only as a part of the purchase price of an owner-occupied | 3959 |
residence the person is selling nor merely casually or | 3960 |
occasionally to a relative or friend; | 3961 |
(4) Discriminate against any person in the terms or | 3962 |
conditions of selling, transferring, assigning, renting, leasing, | 3963 |
or subleasing any housing accommodations or in furnishing | 3964 |
facilities, services, or privileges in connection with the | 3965 |
ownership, occupancy, or use of any housing accommodations, | 3966 |
including the sale of fire, extended coverage, or homeowners | 3967 |
insurance, because of race, color, religion, sex, familial status, | 3968 |
ancestry, disability, or national origin or because of the racial | 3969 |
composition of the neighborhood in which the housing | 3970 |
accommodations are located; | 3971 |
(5) Discriminate against any person in the terms or | 3972 |
conditions of any loan of money, whether or not secured by | 3973 |
mortgage or otherwise, for the acquisition, construction, | 3974 |
rehabilitation, repair, or maintenance of housing accommodations | 3975 |
because of race, color, religion, sex, familial status, ancestry, | 3976 |
disability, or national origin or because of the racial | 3977 |
composition of the neighborhood in which the housing | 3978 |
accommodations are located; | 3979 |
(6) Refuse to consider without prejudice the combined income | 3980 |
of both husband and wife for the purpose of extending mortgage | 3981 |
credit to a married couple or either member of a married couple; | 3982 |
(7) Print, publish, or circulate any statement or | 3983 |
advertisement, or make or cause to be made any statement or | 3984 |
advertisement, relating to the sale, transfer, assignment, rental, | 3985 |
lease, sublease, or acquisition of any housing accommodations, or | 3986 |
relating to the loan of money, whether or not secured by mortgage | 3987 |
or otherwise, for the acquisition, construction, rehabilitation, | 3988 |
repair, or maintenance of housing accommodations, that indicates | 3989 |
any preference, limitation, specification, or discrimination based | 3990 |
upon race, color, religion, sex, familial status, ancestry, | 3991 |
disability, or national origin, or an intention to make any such | 3992 |
preference, limitation, specification, or discrimination; | 3993 |
(8) Except as otherwise provided in division (H)(8) or (17) | 3994 |
of this section, make any inquiry, elicit any information, make or | 3995 |
keep any record, or use any form of application containing | 3996 |
questions or entries concerning race, color, religion, sex, | 3997 |
familial status, ancestry, disability, or national origin in | 3998 |
connection with the sale or lease of any housing accommodations or | 3999 |
the loan of any money, whether or not secured by mortgage or | 4000 |
otherwise, for the acquisition, construction, rehabilitation, | 4001 |
repair, or maintenance of housing accommodations. Any person may | 4002 |
make inquiries, and make and keep records, concerning race, color, | 4003 |
religion, sex, familial status, ancestry, disability, or national | 4004 |
origin for the purpose of monitoring compliance with this chapter. | 4005 |
(9) Include in any transfer, rental, or lease of housing | 4006 |
accommodations any restrictive covenant, or honor or exercise, or | 4007 |
attempt to honor or exercise, any restrictive covenant; | 4008 |
(10) Induce or solicit, or attempt to induce or solicit, a | 4009 |
housing accommodations listing, sale, or transaction by | 4010 |
representing that a change has occurred or may occur with respect | 4011 |
to the racial, religious, sexual, familial status, or ethnic | 4012 |
composition of the block, neighborhood, or other area in which the | 4013 |
housing accommodations are located, or induce or solicit, or | 4014 |
attempt to induce or solicit, a housing accommodations listing, | 4015 |
sale, or transaction by representing that the presence or | 4016 |
anticipated presence of persons of any race, color, religion, sex, | 4017 |
familial status, ancestry, disability, or national origin, in the | 4018 |
block, neighborhood, or other area will or may have results | 4019 |
including, but not limited to, the following: | 4020 |
(a) The lowering of property values; | 4021 |
(b) A change in the racial, religious, sexual, familial | 4022 |
status, or ethnic composition of the block, neighborhood, or other | 4023 |
area; | 4024 |
(c) An increase in criminal or antisocial behavior in the | 4025 |
block, neighborhood, or other area; | 4026 |
(d) A decline in the quality of the schools serving the | 4027 |
block, neighborhood, or other area. | 4028 |
(11) Deny any person access to or membership or | 4029 |
participation in any multiple-listing service, real estate | 4030 |
brokers' organization, or other service, organization, or facility | 4031 |
relating to the business of selling or renting housing | 4032 |
accommodations, or discriminate against any person in the terms or | 4033 |
conditions of that access, membership, or participation, on | 4034 |
account of race, color, religion, sex, familial status, national | 4035 |
origin, disability, or ancestry; | 4036 |
(12) Coerce, intimidate, threaten, or interfere with any | 4037 |
person in the exercise or enjoyment of, or on account of that | 4038 |
person's having exercised or enjoyed or having aided or encouraged | 4039 |
any other person in the exercise or enjoyment of, any right | 4040 |
granted or protected by division (H) of this section; | 4041 |
(13) Discourage or attempt to discourage the purchase by a | 4042 |
prospective purchaser of housing accommodations, by representing | 4043 |
that any block, neighborhood, or other area has undergone or might | 4044 |
undergo a change with respect to its religious, racial, sexual, | 4045 |
familial status, or ethnic composition; | 4046 |
(14) Refuse to sell, transfer, assign, rent, lease, | 4047 |
sublease, or finance, or otherwise deny or withhold, a burial lot | 4048 |
from any person because of the race, color, sex, familial status, | 4049 |
age, ancestry, disability, or national origin of any prospective | 4050 |
owner or user of the lot; | 4051 |
(15) Discriminate in the sale or rental of, or otherwise | 4052 |
make unavailable or deny, housing accommodations to any buyer or | 4053 |
renter because of a disability of any of the following: | 4054 |
(a) The buyer or renter; | 4055 |
(b) A person residing in or intending to reside in the | 4056 |
housing accommodations after they are sold, rented, or made | 4057 |
available; | 4058 |
(c) Any individual associated with the person described in | 4059 |
division (H)(15)(b) of this section. | 4060 |
(16) Discriminate in the terms, conditions, or privileges of | 4061 |
the sale or rental of housing accommodations to any person or in | 4062 |
the provision of services or facilities to any person in | 4063 |
connection with the housing accommodations because of a disability | 4064 |
of any of the following: | 4065 |
(a) That person; | 4066 |
(b) A person residing in or intending to reside in the | 4067 |
housing accommodations after they are sold, rented, or made | 4068 |
available; | 4069 |
(c) Any individual associated with the person described in | 4070 |
division (H)(16)(b) of this section. | 4071 |
(17) Except as otherwise provided in division (H)(17) of | 4072 |
this section, make an inquiry to determine whether an applicant | 4073 |
for the sale or rental of housing accommodations, a person | 4074 |
residing in or intending to reside in the housing accommodations | 4075 |
after they are sold, rented, or made available, or any individual | 4076 |
associated with that person has a disability, or make an inquiry | 4077 |
to determine the nature or severity of a disability of the | 4078 |
applicant or such a person or individual. The following inquiries | 4079 |
may be made of all applicants for the sale or rental of housing | 4080 |
accommodations, regardless of whether they have disabilities: | 4081 |
(a) An inquiry into an applicant's ability to meet the | 4082 |
requirements of ownership or tenancy; | 4083 |
(b) An inquiry to determine whether an applicant is | 4084 |
qualified for housing accommodations available only to persons | 4085 |
with disabilities or persons with a particular type of disability; | 4086 |
(c) An inquiry to determine whether an applicant is | 4087 |
qualified for a priority available to persons with disabilities or | 4088 |
persons with a particular type of disability; | 4089 |
(d) An inquiry to determine whether an applicant currently | 4090 |
uses a controlled substance in violation of section 2925.11 of the | 4091 |
Revised Code or a substantively comparable municipal ordinance; | 4092 |
(e) An inquiry to determine whether an applicant at any time | 4093 |
has been convicted of or pleaded guilty to any offense, an element | 4094 |
of which is the illegal sale, offer to sell, cultivation, | 4095 |
manufacture, other production, shipment, transportation, delivery, | 4096 |
or other distribution of a controlled substance. | 4097 |
(18)(a) Refuse to permit, at the expense of a person with a | 4098 |
disability, reasonable modifications of existing housing | 4099 |
accommodations that are occupied or to be occupied by the person | 4100 |
with a disability, if the modifications may be necessary to afford | 4101 |
the person with a disability full enjoyment of the housing | 4102 |
accommodations. This division does not preclude a landlord of | 4103 |
housing accommodations that are rented or to be rented to a | 4104 |
disabled tenant from conditioning permission for a proposed | 4105 |
modification upon the disabled tenant's doing one or more of the | 4106 |
following: | 4107 |
(i) Providing a reasonable description of the proposed | 4108 |
modification and reasonable assurances that the proposed | 4109 |
modification will be made in a workerlike manner and that any | 4110 |
required building permits will be obtained prior to the | 4111 |
commencement of the proposed modification; | 4112 |
(ii) Agreeing to restore at the end of the tenancy the | 4113 |
interior of the housing accommodations to the condition they were | 4114 |
in prior to the proposed modification, but subject to reasonable | 4115 |
wear and tear during the period of occupancy, if it is reasonable | 4116 |
for the landlord to condition permission for the proposed | 4117 |
modification upon the agreement; | 4118 |
(iii) Paying into an interest-bearing escrow account that is | 4119 |
in the landlord's name, over a reasonable period of time, a | 4120 |
reasonable amount of money not to exceed the projected costs at | 4121 |
the end of the tenancy of the restoration of the interior of the | 4122 |
housing accommodations to the condition they were in prior to the | 4123 |
proposed modification, but subject to reasonable wear and tear | 4124 |
during the period of occupancy, if the landlord finds the account | 4125 |
reasonably necessary to ensure the availability of funds for the | 4126 |
restoration work. The interest earned in connection with an | 4127 |
escrow account described in this division shall accrue to the | 4128 |
benefit of the disabled tenant who makes payments into the | 4129 |
account. | 4130 |
(b) A landlord shall not condition permission for a proposed | 4131 |
modification upon a disabled tenant's payment of a security | 4132 |
deposit that exceeds the customarily required security deposit of | 4133 |
all tenants of the particular housing accommodations. | 4134 |
(19) Refuse to make reasonable accommodations in rules, | 4135 |
policies, practices, or services when necessary to afford a person | 4136 |
with a disability equal opportunity to use and enjoy a dwelling | 4137 |
unit, including associated public and common use areas; | 4138 |
(20) Fail to comply with the standards and rules adopted | 4139 |
under division (A) of section 3781.111 of the Revised Code; | 4140 |
(21) Discriminate against any person in the selling, | 4141 |
brokering, or appraising of real property because of race, color, | 4142 |
religion, sex, familial status, ancestry, disability, or national | 4143 |
origin; | 4144 |
(22) Fail to design and construct covered multifamily | 4145 |
dwellings for first occupancy on or after June 30, 1992, in | 4146 |
accordance with the following conditions: | 4147 |
(a) The dwellings shall have at least one building entrance | 4148 |
on an accessible route, unless it is impractical to do so because | 4149 |
of the terrain or unusual characteristics of the site. | 4150 |
(b) With respect to dwellings that have a building entrance | 4151 |
on an accessible route, all of the following apply: | 4152 |
(i) The public use areas and common use areas of the | 4153 |
dwellings shall be readily accessible to and usable by persons | 4154 |
with a disability. | 4155 |
(ii) All the doors designed to allow passage into and within | 4156 |
all premises shall be sufficiently wide to allow passage by | 4157 |
persons with a disability who are in wheelchairs. | 4158 |
(iii) All premises within covered multifamily dwelling units | 4159 |
shall contain an accessible route into and through the dwelling; | 4160 |
all light switches, electrical outlets, thermostats, and other | 4161 |
environmental controls within such units shall be in accessible | 4162 |
locations; the bathroom walls within such units shall contain | 4163 |
reinforcements to allow later installation of grab bars; and the | 4164 |
kitchens and bathrooms within such units shall be designed and | 4165 |
constructed in a manner that enables an individual in a wheelchair | 4166 |
to maneuver about such rooms. | 4167 |
For purposes of division (H)(22) of this section, "covered | 4168 |
multifamily dwellings" means buildings consisting of four or more | 4169 |
units if such buildings have one or more elevators and ground | 4170 |
floor units in other buildings consisting of four or more units. | 4171 |
(I) For any person to discriminate in any manner against any | 4172 |
other person because that person has opposed any unlawful | 4173 |
discriminatory practice defined in this section or because that | 4174 |
person has made a charge, testified, assisted, or participated in | 4175 |
any manner in any investigation, proceeding, or hearing under | 4176 |
sections 4112.01 to 4112.07 of the Revised Code. | 4177 |
(J) For any person to aid, abet, incite, compel, or coerce | 4178 |
the doing of any act declared by this section to be an unlawful | 4179 |
discriminatory practice, to obstruct or prevent any person from | 4180 |
complying with this chapter or any order issued under it, or to | 4181 |
attempt directly or indirectly to commit any act declared by this | 4182 |
section to be an unlawful discriminatory practice. | 4183 |
(K)(1) Nothing in division (H) of this section shall bar any | 4184 |
religious or denominational institution or organization, or any | 4185 |
nonprofit charitable or educational organization that is operated, | 4186 |
supervised, or controlled by or in connection with a religious | 4187 |
organization, from limiting the sale, rental, or occupancy of | 4188 |
housing accommodations that it owns or operates for other than a | 4189 |
commercial purpose to persons of the same religion, or from giving | 4190 |
preference in the sale, rental, or occupancy of such housing | 4191 |
accommodations to persons of the same religion, unless membership | 4192 |
in the religion is restricted on account of race, color, or | 4193 |
national origin. | 4194 |
(2) Nothing in division (H) of this section shall bar any | 4195 |
bona fide private or fraternal organization that, incidental to | 4196 |
its primary purpose, owns or operates lodgings for other than a | 4197 |
commercial purpose, from limiting the rental or occupancy of the | 4198 |
lodgings to its members or from giving preference to its members. | 4199 |
(3) Nothing in division (H) of this section limits the | 4200 |
applicability of any reasonable local, state, or federal | 4201 |
restrictions regarding the maximum number of occupants permitted | 4202 |
to occupy housing accommodations. Nothing in that division | 4203 |
prohibits the owners or managers of housing accommodations from | 4204 |
implementing reasonable occupancy standards based on the number | 4205 |
and size of sleeping areas or bedrooms and the overall size of a | 4206 |
dwelling unit, provided that the standards are not implemented to | 4207 |
circumvent the purposes of this chapter and are formulated, | 4208 |
implemented, and interpreted in a manner consistent with this | 4209 |
chapter and any applicable local, state, or federal restrictions | 4210 |
regarding the maximum number of occupants permitted to occupy | 4211 |
housing accommodations. | 4212 |
(4) Nothing in division (H) of this section requires that | 4213 |
housing accommodations be made available to an individual whose | 4214 |
tenancy would constitute a direct threat to the health or safety | 4215 |
of other individuals or whose tenancy would result in substantial | 4216 |
physical damage to the property of others. | 4217 |
(5) Nothing in division (H) of this section pertaining to | 4218 |
discrimination on the basis of familial status shall be construed | 4219 |
to apply to any of the following: | 4220 |
(a) Housing accommodations provided under any state or | 4221 |
federal program that have been determined under the "Fair Housing | 4222 |
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as | 4223 |
amended, to be specifically designed and operated to assist | 4224 |
elderly persons; | 4225 |
(b) Housing accommodations intended for and solely occupied | 4226 |
by persons who are sixty-two years of age or older; | 4227 |
(c) Housing accommodations intended and operated for | 4228 |
occupancy by at least one person who is fifty-five years of age or | 4229 |
older per unit, as determined under the "Fair Housing Amendments | 4230 |
Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended. | 4231 |
(L) Nothing in divisions (A) to (E) of this section shall be | 4232 |
construed to require a person with a disability to be employed or | 4233 |
trained under circumstances that would significantly increase the | 4234 |
occupational hazards affecting either the person with a | 4235 |
disability, other employees, the general public, or the facilities | 4236 |
in which the work is to be performed, or to require the employment | 4237 |
or training of a person with a disability in a job that requires | 4238 |
the person with a disability routinely to undertake any task, the | 4239 |
performance of which is substantially and inherently impaired by | 4240 |
the person's disability. | 4241 |
(M) Nothing in divisions (H)(1) to (18) of this section | 4242 |
shall be construed to require any person selling or renting | 4243 |
property to modify the property in any way or to exercise a higher | 4244 |
degree of care for a person with a disability, to relieve any | 4245 |
person with a disability of any obligation generally imposed on | 4246 |
all persons regardless of disability in a written lease, rental | 4247 |
agreement, or contract of purchase or sale, or to forbid | 4248 |
distinctions based on the inability to fulfill the terms and | 4249 |
conditions, including financial obligations, of the lease, | 4250 |
agreement, or contract. | 4251 |
(N) An aggrieved individual may enforce the individual's | 4252 |
rights relative to discrimination on the basis of age as provided | 4253 |
for in
this section by instituting a civil action, within
| 4254 |
4255 | |
discriminatory practice occurred, in any court with jurisdiction | 4256 |
for any legal or equitable relief that will effectuate the | 4257 |
individual's rights. | 4258 |
A person who files a civil action under this division is | 4259 |
barred, with respect to the practices complained of, from | 4260 |
instituting a civil action under section 4112.14 of the Revised | 4261 |
Code and from filing a charge with the commission under section | 4262 |
4112.05 of the Revised Code. | 4263 |
(O) With regard to age, it shall not be an unlawful | 4264 |
discriminatory practice and it shall not constitute a violation of | 4265 |
division (A) of section 4112.14 of the Revised Code for any | 4266 |
employer, employment agency, joint labor-management committee | 4267 |
controlling apprenticeship training programs, or labor | 4268 |
organization to do any of the following: | 4269 |
(1) Establish bona fide employment qualifications reasonably | 4270 |
related to the particular business or occupation that may include | 4271 |
standards for skill, aptitude, physical capability, intelligence, | 4272 |
education, maturation, and experience; | 4273 |
(2) Observe the terms of a bona fide seniority system or any | 4274 |
bona fide employee benefit plan, including, but not limited to, a | 4275 |
retirement, pension, or insurance plan, that is not a subterfuge | 4276 |
to evade the purposes of this section. However, no such employee | 4277 |
benefit plan shall excuse the failure to hire any individual, and | 4278 |
no such seniority system or employee benefit plan shall require or | 4279 |
permit the involuntary retirement of any individual, because of | 4280 |
the individual's age except as provided for in the "Age | 4281 |
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189, | 4282 |
29 U.S.C.A. 623, as amended by the "Age Discrimination in | 4283 |
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A. | 4284 |
623, as amended. | 4285 |
(3) Retire an employee who has attained sixty-five years of | 4286 |
age who, for the two-year period immediately before retirement, is | 4287 |
employed in a bona fide executive or a high policymaking position, | 4288 |
if the employee is entitled to an immediate nonforfeitable annual | 4289 |
retirement benefit from a pension, profit-sharing, savings, or | 4290 |
deferred compensation plan, or any combination of those plans, of | 4291 |
the employer of the employee, which equals, in the aggregate, at | 4292 |
least forty-four thousand dollars, in accordance with the | 4293 |
conditions of the "Age Discrimination in Employment Act Amendment | 4294 |
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age | 4295 |
Discrimination in Employment Act Amendments of 1986," 100 Stat. | 4296 |
3342, 29 U.S.C.A. 631, as amended; | 4297 |
(4) Observe the terms of any bona fide apprenticeship | 4298 |
program if the program is registered with the Ohio apprenticeship | 4299 |
council pursuant to sections 4139.01 to 4139.06 of the Revised | 4300 |
Code and is approved by the federal committee on apprenticeship of | 4301 |
the United States department of labor. | 4302 |
(P) Nothing in this chapter prohibiting age discrimination | 4303 |
and nothing in division (A) of section 4112.14 of the Revised Code | 4304 |
shall be construed to prohibit the following: | 4305 |
(1) The designation of uniform age the attainment of which | 4306 |
is necessary for public employees to receive pension or other | 4307 |
retirement benefits pursuant to Chapter 145., 742., 3307., 3309., | 4308 |
or 5505. of the Revised Code; | 4309 |
(2) The mandatory retirement of uniformed patrol officers of | 4310 |
the state highway patrol as provided in section 5505.16 of the | 4311 |
Revised Code; | 4312 |
(3) The maximum age requirements for appointment as a patrol | 4313 |
officer in the state highway patrol established by section 5503.01 | 4314 |
of the Revised Code; | 4315 |
(4) The maximum age requirements established for original | 4316 |
appointment to a police department or fire department in sections | 4317 |
124.41 and 124.42 of the Revised Code; | 4318 |
(5) Any maximum age not in conflict with federal law that | 4319 |
may be established by a municipal charter, municipal ordinance, or | 4320 |
resolution of a board of township trustees for original | 4321 |
appointment as a police officer or firefighter; | 4322 |
(6) Any mandatory retirement provision not in conflict with | 4323 |
federal law of a municipal charter, municipal ordinance, or | 4324 |
resolution of a board of township trustees pertaining to police | 4325 |
officers and firefighters; | 4326 |
(7) Until January 1, 1994, the mandatory retirement of any | 4327 |
employee who has attained seventy years of age and who is serving | 4328 |
under a contract of unlimited tenure, or similar arrangement | 4329 |
providing for unlimited tenure, at an institution of higher | 4330 |
education as defined in the "Education Amendments of 1980," 94 | 4331 |
Stat. 1503, 20 U.S.C.A. 1141(a). | 4332 |
(Q)(1)(a) Except as provided in division (Q)(1)(b) of this | 4333 |
section, for purposes of divisions (A) to (E) of this section, a | 4334 |
disability does not include any physiological disorder or | 4335 |
condition, mental or psychological disorder, or disease or | 4336 |
condition caused by an illegal use of any controlled substance by | 4337 |
an employee, applicant, or other person, if an employer, | 4338 |
employment agency, personnel placement service, labor | 4339 |
organization, or joint labor-management committee acts on the | 4340 |
basis of that illegal use. | 4341 |
(b) Division (Q)(1)(a) of this section does not apply to an | 4342 |
employee, applicant, or other person who satisfies any of the | 4343 |
following: | 4344 |
(i) The employee, applicant, or other person has | 4345 |
successfully completed a supervised drug rehabilitation program | 4346 |
and no longer is engaging in the illegal use of any controlled | 4347 |
substance, or the employee, applicant, or other person otherwise | 4348 |
successfully has been rehabilitated and no longer is engaging in | 4349 |
that illegal use. | 4350 |
(ii) The employee, applicant, or other person is | 4351 |
participating in a supervised drug rehabilitation program and no | 4352 |
longer is engaging in the illegal use of any controlled substance. | 4353 |
(iii) The employee, applicant, or other person is | 4354 |
erroneously regarded as engaging in the illegal use of any | 4355 |
controlled substance, but the employee, applicant, or other person | 4356 |
is not engaging in that illegal use. | 4357 |
(2) Divisions (A) to (E) of this section do not prohibit an | 4358 |
employer, employment agency, personnel placement service, labor | 4359 |
organization, or joint labor-management committee from doing any | 4360 |
of the following: | 4361 |
(a) Adopting or administering reasonable policies or | 4362 |
procedures, including, but not limited to, testing for the illegal | 4363 |
use of any controlled substance, that are designed to ensure that | 4364 |
an individual described in division (Q)(1)(b)(i) or (ii) of this | 4365 |
section no longer is engaging in the illegal use of any controlled | 4366 |
substance; | 4367 |
(b) Prohibiting the illegal use of controlled substances and | 4368 |
the use of alcohol at the workplace by all employees; | 4369 |
(c) Requiring that employees not be under the influence of | 4370 |
alcohol or not be engaged in the illegal use of any controlled | 4371 |
substance at the workplace; | 4372 |
(d) Requiring that employees behave in conformance with the | 4373 |
requirements established under "The Drug-Free Workplace Act of | 4374 |
1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended; | 4375 |
(e) Holding an employee who engages in the illegal use of | 4376 |
any controlled substance or who is an alcoholic to the same | 4377 |
qualification standards for employment or job performance, and the | 4378 |
same behavior, to which the employer, employment agency, personnel | 4379 |
placement service, labor organization, or joint labor-management | 4380 |
committee holds other employees, even if any unsatisfactory | 4381 |
performance or behavior is related to an employee's illegal use of | 4382 |
a controlled substance or alcoholism; | 4383 |
(f) Exercising other authority recognized in the "Americans | 4384 |
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101, | 4385 |
as amended, including, but not limited to, requiring employees to | 4386 |
comply with any applicable federal standards. | 4387 |
(3) For purposes of this chapter, a test to determine the | 4388 |
illegal use of any controlled substance does not include a medical | 4389 |
examination. | 4390 |
(4) Division (Q) of this section does not encourage, | 4391 |
prohibit, or authorize, and shall not be construed as encouraging, | 4392 |
prohibiting, or authorizing, the conduct of testing for the | 4393 |
illegal use of any controlled substance by employees, applicants, | 4394 |
or other persons, or the making of employment decisions based on | 4395 |
the results of that type of testing. | 4396 |
Sec. 4112.14. (A) No employer shall discriminate in any job | 4397 |
opening against any applicant or discharge without just cause any | 4398 |
employee aged forty or older who is physically able to perform the | 4399 |
duties and otherwise meets the established requirements of the job | 4400 |
and laws pertaining to the relationship between employer and | 4401 |
employee. | 4402 |
(B) Any person aged forty or older who is discriminated | 4403 |
against in any job opening or discharged without just cause by an | 4404 |
employer in violation of division (A) of this section may | 4405 |
institute a civil action against the employer in a court of | 4406 |
competent jurisdiction. If the court finds that an employer has | 4407 |
discriminated on the basis of age, the court shall order an | 4408 |
appropriate remedy which shall include reimbursement to
| 4409 |
applicant or employee for the costs, including reasonable
| 4410 |
attorney's fees, of the action, or to reinstate the employee in | 4411 |
| 4412 |
wages and any lost fringe benefits from the date of the illegal | 4413 |
discharge and to reimburse
| 4414 |
including reasonable
| 4415 |
remedies available under this section are coexistent with remedies | 4416 |
available pursuant to sections 4112.01 to 4112.11 of the Revised | 4417 |
Code; except that any person instituting a civil action under this | 4418 |
section is, with respect to the practices complained of, thereby | 4419 |
barred from instituting a civil action under division (N) of | 4420 |
section 4112.02 of the Revised Code or from filing a charge with | 4421 |
the Ohio civil rights commission under section 4112.05 of the | 4422 |
Revised Code. | 4423 |
(C) The cause of action described in division (B) of this | 4424 |
section and any remedies available pursuant to sections 4112.01 | 4425 |
to 4112.11 of the Revised Code shall not be available in the case | 4426 |
of discharges where the employee has
available to
| 4427 |
the opportunity to arbitrate the discharge or where a discharge | 4428 |
has been arbitrated and has been found to be for just cause. | 4429 |
Sec. 4112.99. Whoever violates this chapter is subject to a | 4430 |
civil action for damages, injunctive relief, or any other | 4431 |
appropriate relief. | 4432 |
Sec. 4113.52. (A)(1)(a) If an employee becomes aware in the | 4433 |
course of
| 4434 |
state or federal statute or any ordinance or regulation of a | 4435 |
political
subdivision that
| 4436 |
authority to correct, and the employee reasonably believes that | 4437 |
the violation either is a criminal offense that is likely to cause | 4438 |
an imminent risk of physical harm to persons or a hazard to public | 4439 |
health or safety or is a felony, the employee orally shall notify | 4440 |
| 4441 |
the employee's employer of the violation and subsequently shall | 4442 |
file with that supervisor or officer a written report that | 4443 |
provides sufficient detail to identify and describe the violation. | 4444 |
If the employer does not correct the violation or make a | 4445 |
reasonable and good faith effort to correct the violation within | 4446 |
twenty-four hours after the oral notification or the receipt of | 4447 |
the report, whichever is earlier, the employee may file a written | 4448 |
report that provides sufficient detail to identify and describe | 4449 |
the violation with the prosecuting authority of the county or | 4450 |
municipal corporation where the violation occurred, with a peace | 4451 |
officer, with the inspector general if the violation
is
within
| 4452 |
the inspector general's jurisdiction, or with any other | 4453 |
appropriate public official or agency that has regulatory | 4454 |
authority over the employer and the industry, trade, or business | 4455 |
in which
| 4456 |
(b) If an employee makes a report under division (A)(1)(a) | 4457 |
of this section, the employer, within twenty-four hours after the | 4458 |
oral notification was made or the report was received or by the | 4459 |
close of business on the next regular business day following the | 4460 |
day on which the oral notification was made or the report was | 4461 |
received, whichever is later, shall notify the employee, in | 4462 |
writing, of any effort of the employer to correct the alleged | 4463 |
violation or hazard or of the absence of the alleged violation or | 4464 |
hazard. | 4465 |
(2) If an employee becomes aware in the course of
| 4466 |
employee's employment of a violation of chapter 3704., 3734., | 4467 |
6109., Or 6111. Of the revised code that is a criminal offense, | 4468 |
the employee directly may notify, either orally or in writing, any | 4469 |
appropriate public official or agency that has regulatory | 4470 |
authority over the employer and the industry, trade, or business | 4471 |
in which
| 4472 |
(3) If an employee becomes aware in the course of
| 4473 |
employee's employment of a violation by a fellow employee of any | 4474 |
state or federal statute, any ordinance or regulation of a | 4475 |
political
subdivision, or any work rule or company policy of
| 4476 |
the employee's employer and the employee reasonably believes that | 4477 |
the violation either is a criminal offense that is likely to cause | 4478 |
an imminent risk of physical harm to persons or a hazard to public | 4479 |
health or safety or is a felony, the employee orally shall notify | 4480 |
| 4481 |
the employee's employer of the violation and subsequently shall | 4482 |
file with that supervisor or officer a written report that | 4483 |
provides sufficient detail to identify and describe the violation. | 4484 |
(B) Except as otherwise provided in division (C) of this | 4485 |
section, no employer shall take any disciplinary or retaliatory | 4486 |
action against an employee for making any report authorized by | 4487 |
division (A)(1) or (2) of this section, or as a result of the | 4488 |
employee's having made any inquiry or taken any other action to | 4489 |
ensure the accuracy of any information reported under either such | 4490 |
division. No employer shall take any disciplinary or retaliatory | 4491 |
action against an employee for making any report authorized by | 4492 |
division (A)(3) of this section if the employee made a reasonable | 4493 |
and good faith effort to determine the accuracy of any information | 4494 |
so reported, or as a result of the employee's having made any | 4495 |
inquiry or taken any other action to ensure the accuracy of any | 4496 |
information reported under that division. For purposes of this | 4497 |
division, disciplinary or retaliatory action by the employer | 4498 |
includes, without limitation, doing any of the following: | 4499 |
(1) Removing or suspending the employee from employment; | 4500 |
(2) Withholding from the employee salary increases or | 4501 |
employee benefits to which the employee is otherwise entitled; | 4502 |
(3) Transferring or reassigning the employee; | 4503 |
(4) Denying the employee a promotion that otherwise would | 4504 |
have been received; | 4505 |
(5) Reducing the employee in pay or position. | 4506 |
(C) An employee shall make a reasonable and good faith | 4507 |
effort to determine the accuracy of any information reported under | 4508 |
division (A)(1) or (2) of this section. If the employee who makes | 4509 |
a report under either division
fails to make
such an
effort,
| 4510 |
the employee may be subject to
disciplinary action by
| 4511 |
employee's employer, including suspension or removal, for | 4512 |
reporting information without a reasonable basis to do so under | 4513 |
division (A)(1) or (2) of this section. | 4514 |
(D) If an employer takes any disciplinary or retaliatory | 4515 |
action against an employee as a result of the employee's having | 4516 |
filed a report under division (A) of this section, the employee | 4517 |
may bring a civil action for appropriate injunctive relief or for | 4518 |
the remedies set forth in division (E) of this section, or both, | 4519 |
within one hundred eighty days after the date the disciplinary or | 4520 |
retaliatory action was taken, in a court of common pleas in | 4521 |
accordance with the Rules of Civil Procedure. A civil action | 4522 |
under this division is not available to an employee as a remedy | 4523 |
for any disciplinary or retaliatory action taken by an appointing | 4524 |
authority against the employee as a result of the employee's | 4525 |
having filed a report under division (A) of section 124.341 of the | 4526 |
Revised Code. | 4527 |
(E) The court, in rendering a judgment for the employee in | 4528 |
an action brought pursuant to division (D) of this section, may | 4529 |
order, as it determines appropriate, reinstatement of the employee | 4530 |
to the same position
| 4531 |
disciplinary or retaliatory action and at the same site of | 4532 |
employment or to a comparable position at that site, the payment | 4533 |
of back wages, full reinstatement of fringe benefits and seniority | 4534 |
rights, or any combination of these remedies. The court also may | 4535 |
award the prevailing party all or a portion of the costs of | 4536 |
litigation | 4537 |
in the action, may award the prevailing employee reasonable | 4538 |
attorney's fees, witness fees, and fees for experts who testify at | 4539 |
trial, in an amount the court determines appropriate. If the | 4540 |
court determines that an employer deliberately has violated | 4541 |
division (B) of this section, the court, in making an award of | 4542 |
back pay, may include interest at the rate specified in section | 4543 |
1343.03 of the Revised Code. | 4544 |
(F) Any report filed with the inspector general under this | 4545 |
section shall be filed as a complaint in accordance with section | 4546 |
121.46 of the Revised Code. | 4547 |
Sec. 4171.10. The express assumption of risk set forth in | 4548 |
section 4171.09 of the Revised Code shall serve as a complete | 4549 |
defense to a suit against an operator by a roller skater for | 4550 |
injuries resulting from the assumed risks of roller skating. The | 4551 |
comparative negligence provisions of section 2315.19 of the | 4552 |
Revised Code shall
not apply unless the operator has breached
| 4553 |
the operator's duties pursuant to sections 4171.06 and 4171.07 of | 4554 |
the Revised Code. | 4555 |
Sec. 4399.18. Notwithstanding section 2307.60 of the Revised | 4556 |
Code and except as otherwise provided in this section and in | 4557 |
section 4399.01 of the Revised Code, no person, and no executor or | 4558 |
administrator of the person, who suffers personal injury, death, | 4559 |
or property damage as a result of the actions of an intoxicated | 4560 |
person has a cause of action against any liquor permit holder or | 4561 |
| 4562 |
intoxicating liquor to the intoxicated person unless the injury, | 4563 |
death, or property damage occurred on the permit holder's premises | 4564 |
or in a parking
lot
under
| 4565 |
was proximately caused by the negligence of the permit holder or | 4566 |
| 4567 |
cause of action against a permit holder or
| 4568 |
permit holder for personal injury, death, or property damage | 4569 |
caused by the negligent actions of an intoxicated person occurring | 4570 |
off the premises or away from a parking lot under the permit | 4571 |
holder's control only when both of the following can be shown by a | 4572 |
preponderance of the evidence: | 4573 |
(A) The permit holder or
| 4574 |
holder knowingly sold an intoxicating beverage to at least one of | 4575 |
the following: | 4576 |
(1) A noticeably intoxicated person in violation of division | 4577 |
(B) of section 4301.22 of the Revised Code; | 4578 |
(2) A person in violation of division (C) of section 4301.22 | 4579 |
of the Revised Code; | 4580 |
(3) A person in violation of section 4301.69 of the Revised | 4581 |
Code | 4582 |
(B) The person's intoxication proximately caused the | 4583 |
personal injury, death, or property damage. | 4584 |
Notwithstanding sections 4399.02 and 4399.05 of the Revised | 4585 |
Code, no person, and no executor or administrator of the person, | 4586 |
who suffers personal injury, death, or property damage as a result | 4587 |
of the actions of an intoxicated person has a cause of action | 4588 |
against the owner of a building or premises who rents or leases | 4589 |
the building or premises to a liquor permit holder against whom a | 4590 |
cause of action may be brought under this section, except when the | 4591 |
owner and the permit holder are the same person. | 4592 |
Sec. 4507.07. (A) The registrar of motor vehicles shall not | 4593 |
grant the application of any minor under eighteen years of age for | 4594 |
a probationary license, a restricted license, or a temporary | 4595 |
instruction permit, unless the application is signed by one of the | 4596 |
minor's parents, the minor's guardian, another person having | 4597 |
custody of the applicant, or, if there is no parent or guardian, a | 4598 |
responsible person who is willing to assume the obligation imposed | 4599 |
under this section. | 4600 |
At the time a minor under eighteen years of age submits an | 4601 |
application for a license or permit at a driver's license | 4602 |
examining station, the adult who signs the application shall | 4603 |
present identification establishing that the adult is the | 4604 |
individual whose signature appears on the application. The | 4605 |
registrar shall prescribe, by rule, the types of identification | 4606 |
that are suitable for the purposes of this paragraph. If the | 4607 |
adult who signs the application does not provide identification as | 4608 |
required by this paragraph, the application shall not be accepted. | 4609 |
When a minor under eighteen years of age applies for a | 4610 |
probationary license, a restricted license, or a temporary | 4611 |
instruction permit, the registrar shall give the adult who signs | 4612 |
the application notice of the potential liability that may be | 4613 |
imputed to the adult pursuant to division (B) of this section and | 4614 |
notice of how the adult may prevent any liability from being | 4615 |
imputed to the adult pursuant to that division. | 4616 |
(B) Any negligence, or willful or wanton misconduct, that is | 4617 |
committed by a minor under eighteen years of age when driving a | 4618 |
motor vehicle upon a highway shall be imputed to the person who | 4619 |
has signed the application of the minor for a probationary | 4620 |
license, restricted license, or temporary instruction permit, | 4621 |
which person shall be jointly and severally liable with the minor | 4622 |
for any damages caused by the negligence or the willful or wanton | 4623 |
misconduct. This joint and several liability is not subject to | 4624 |
division (D) of section
2315.19 | 4625 |
4626 | |
respect to a negligence
| 4627 |
subject to
| 4628 |
There shall be no imputed liability imposed under this | 4629 |
division if a minor under eighteen years of age has proof of | 4630 |
financial responsibility with respect to the operation of a motor | 4631 |
vehicle owned by the minor or, if the minor is not the owner of a | 4632 |
motor vehicle, with respect to the minor's operation of any motor | 4633 |
vehicle, in the form and in the amounts required under Chapter | 4634 |
4509. of the Revised Code. | 4635 |
(C) Any person who has signed the application of a minor | 4636 |
under eighteen years of age for a license or permit subsequently | 4637 |
may surrender to the registrar the license or temporary | 4638 |
instruction permit of the minor and request that the license or | 4639 |
permit be canceled. The registrar then shall cancel the license | 4640 |
or temporary instruction permit, and the person who signed the | 4641 |
application of the minor shall be relieved from the liability | 4642 |
imposed by division (B) of this section. | 4643 |
(D) Any minor under eighteen years of age whose probationary | 4644 |
license, restricted license, or temporary instruction permit is | 4645 |
surrendered to the registrar by the person who signed the | 4646 |
application for the license or permit and whose license or | 4647 |
temporary instruction permit subsequently is canceled by the | 4648 |
registrar may obtain a new license or temporary instruction permit | 4649 |
without having to undergo the examinations otherwise required by | 4650 |
sections 4507.11 and 4507.12 of the Revised Code and without | 4651 |
having to tender the fee for that license or temporary instruction | 4652 |
permit, if the minor is able to produce another parent, guardian, | 4653 |
other person having custody of the minor, or other adult, and that | 4654 |
adult is willing to assume the liability imposed under division | 4655 |
(B) of this section. That adult shall comply with the procedures | 4656 |
contained in division (A) of this section. | 4657 |
Sec. 4513.263. (A) As used in this section and in section | 4658 |
4513.99 of the Revised Code: | 4659 |
(1) "Automobile" means any commercial tractor, passenger | 4660 |
car, commercial car, or truck that is required to be | 4661 |
factory-equipped with an occupant restraining device for the | 4662 |
operator or any passenger by regulations adopted by the United | 4663 |
States secretary of transportation pursuant to the "National | 4664 |
Traffic and Motor Vehicle Safety Act of 1966," 80 Stat. 719, 15 | 4665 |
U.S.C.A. 1392. | 4666 |
(2) "Occupant restraining device" means a seat safety belt, | 4667 |
shoulder belt, harness, or other safety device for restraining a | 4668 |
person who is an operator of or passenger in an automobile and | 4669 |
that satisfies the minimum federal vehicle safety standards | 4670 |
established by the United States department of transportation. | 4671 |
(3) "Passenger" means any person in an automobile, other | 4672 |
than its operator, who is occupying a seating position for which | 4673 |
an occupant restraining device is provided. | 4674 |
(4) "Commercial tractor," "passenger car," and "commercial | 4675 |
car" have the same meanings as in section 4501.01 of the Revised | 4676 |
Code. | 4677 |
(5) "Vehicle" and "motor vehicle," as used in the | 4678 |
definitions of the terms set forth in division (A)(4) of this | 4679 |
section, have the same meanings as in section 4511.01 of the | 4680 |
Revised Code. | 4681 |
| 4682 |
4683 |
| 4684 |
4685 | |
4686 | |
4687 | |
4688 |
(B) No person shall do any of the following: | 4689 |
(1) Operate an automobile on any street or highway unless | 4690 |
that person is wearing all of the available elements of a properly | 4691 |
adjusted occupant restraining device, or operate a school bus that | 4692 |
has an occupant restraining device installed for use in its | 4693 |
operator's seat unless that person is wearing all of the available | 4694 |
elements of the device, as properly adjusted; | 4695 |
(2) Operate an automobile on any street or highway unless | 4696 |
each passenger in the automobile who is subject to the requirement | 4697 |
set forth in division (B)(3) of this section is wearing all of the | 4698 |
available elements of a properly adjusted occupant restraining | 4699 |
device; | 4700 |
(3) Occupy, as a passenger, a seating position on the front | 4701 |
seat of an automobile being operated on any street or highway | 4702 |
unless that person is wearing all of the available elements of a | 4703 |
properly adjusted occupant restraining device; | 4704 |
(4) Operate a taxicab on any street or highway unless all | 4705 |
factory-equipped occupant restraining devices in the taxicab are | 4706 |
maintained in usable form. | 4707 |
(C) Division (B)(3) of this section does not apply to a | 4708 |
person who is required by section 4511.81 of the Revised Code to | 4709 |
be secured in a child restraint device. Division (B)(1) of this | 4710 |
section does not apply to a person who is an employee of the | 4711 |
United States postal service or of a newspaper home delivery | 4712 |
service, during any period in which the person is engaged in the | 4713 |
operation of an automobile to deliver mail or newspapers to | 4714 |
addressees. Divisions (B)(1) and (3) of this section do not apply | 4715 |
to a person who has an affidavit signed by a physician licensed to | 4716 |
practice in this state under Chapter 4731. of the Revised Code or | 4717 |
a chiropractor licensed to practice in this state under Chapter | 4718 |
4734. of the Revised Code that states that the person has a | 4719 |
physical impairment that makes use of an occupant restraining | 4720 |
device impossible or impractical. | 4721 |
(D) Notwithstanding any provision of law to the contrary, no | 4722 |
law enforcement officer shall cause an operator of an automobile | 4723 |
being operated on any street or highway to stop the automobile for | 4724 |
the sole purpose of determining whether a violation of division | 4725 |
(B) of this section has been or is being committed or for the sole | 4726 |
purpose of issuing a ticket, citation, or summons for a violation | 4727 |
of that nature or causing the arrest of or commencing a | 4728 |
prosecution of a person for a violation of that nature, and no law | 4729 |
enforcement officer shall view the interior or visually inspect | 4730 |
any automobile being operated on any street or highway for the | 4731 |
sole purpose of determining whether a violation of that nature has | 4732 |
been or is being committed. | 4733 |
(E) All fines collected for violations of division (B) of | 4734 |
this section, or for violations of any ordinance or resolution of | 4735 |
a political subdivision that is substantively comparable to that | 4736 |
division, shall be forwarded to the treasurer of state for deposit | 4737 |
as follows: | 4738 |
(1) Eight per cent shall be deposited into the seat belt | 4739 |
education fund, which is hereby created in the state treasury, and | 4740 |
shall be used by the department of public safety to establish a | 4741 |
seat belt education program. | 4742 |
(2) Eight per cent shall be deposited into the elementary | 4743 |
school program fund, which is hereby created in the state | 4744 |
treasury, and shall be used by the department of public safety to | 4745 |
establish and administer elementary school programs that encourage | 4746 |
seat safety belt use. | 4747 |
(3) Two per cent shall be deposited into the Ohio ambulance | 4748 |
licensing trust fund created by section 4766.05 of the Revised | 4749 |
Code. | 4750 |
(4) Twenty-eight per cent shall be deposited into the trauma | 4751 |
and emergency medical services fund, which is hereby created in | 4752 |
the state treasury, and shall be used by the department of public | 4753 |
safety for the administration of the division of emergency medical | 4754 |
services and the state board of emergency medical services. | 4755 |
(5) Fifty-four per cent shall be deposited into the trauma | 4756 |
and emergency medical services grants fund, which is hereby | 4757 |
created in the state treasury, and shall be used by the state | 4758 |
board of emergency medical services to make grants, in accordance | 4759 |
with section 4765.07 of the Revised Code and rules the board | 4760 |
adopts under section 4765.11 of the Revised Code. | 4761 |
(F)
| 4762 |
failure of a person to wear all of the available elements of a | 4763 |
properly adjusted occupant restraining device
| 4764 |
4765 | |
to ensure that each
| 4766 |
being
operated by
| 4767 |
elements of
such a
| 4768 |
in violation of division (B) | 4769 |
considered
| 4770 |
evidence of negligence or contributory negligence
| 4771 |
4772 | |
4773 | |
4774 | |
4775 | |
any civil action involving the person arising from the ownership, | 4776 |
maintenance, or operation of an automobile; shall not be used as a | 4777 |
basis for a criminal prosecution of the person other than a | 4778 |
prosecution for a violation of this section; and shall not be | 4779 |
admissible as evidence in
| 4780 |
the person other than a prosecution for a violation of this | 4781 |
section. | 4782 |
(2) If, at the time of an accident involving a passenger car | 4783 |
equipped with occupant restraining devices, any occupant of the | 4784 |
passenger car who sustained injury or death was not wearing an | 4785 |
available occupant restraining device, was not wearing all of the | 4786 |
available elements of such a device, or was not wearing such a | 4787 |
device as properly adjusted, then, consistent with the Rules of | 4788 |
Evidence, the fact that the occupant was not wearing the available | 4789 |
occupant restraining device, was not wearing all of the available | 4790 |
elements of such a device, or was not wearing such a device as | 4791 |
properly adjusted is admissible in evidence in relation to any | 4792 |
claim for relief in a tort action to the extent that the claim for | 4793 |
relief satisfies all of the following: | 4794 |
(a) It seeks to recover damages for injury or death to the | 4795 |
occupant. | 4796 |
(b) The defendant in question is the manufacturer, designer, | 4797 |
distributor, or seller of the passenger car. | 4798 |
(c) The claim for relief against the defendant in question | 4799 |
is that the injury or death sustained by the occupant was enhanced | 4800 |
or aggravated by some design defect in the passenger car or that | 4801 |
the passenger car was not crashworthy. | 4802 |
(3) As used in division (F)(2) of this section, "tort | 4803 |
action" means a civil action for damages for injury, death, or | 4804 |
loss to person or property. "Tort action" includes a product | 4805 |
liability claim that is subject to sections 2307.71 to 2307.80 of | 4806 |
the Revised Code, but does not include a civil action for damages | 4807 |
for a breach of a contract or another agreement between persons. | 4808 |
Sec. 4582.27. (A) A port authority created in accordance | 4809 |
with section 4582.22 of the Revised Code shall be governed by a | 4810 |
board of directors. Members of a board of directors of a port | 4811 |
authority created by the exclusive action of a municipal | 4812 |
corporation shall consist of the number of members it considers | 4813 |
necessary and shall be appointed by the mayor with the advice and | 4814 |
consent of the council. Members of a board of directors of a port | 4815 |
authority created by the exclusive action of a township shall | 4816 |
consist of such members as it considers necessary and shall be | 4817 |
appointed by the township trustees of the township. Members of a | 4818 |
board of directors of a port authority created by the exclusive | 4819 |
action of a county shall consist of such members as it considers | 4820 |
necessary and shall be appointed by the board of county | 4821 |
commissioners of the county. Members of a board of directors of a | 4822 |
port authority created by a combination of political subdivisions | 4823 |
shall be divided among the political subdivisions in such | 4824 |
proportions as the political subdivisions may agree and shall be | 4825 |
appointed by the participating political subdivisions in the same | 4826 |
manner as this section provides for the appointment of members by | 4827 |
a political subdivision creating its own port authority. If a | 4828 |
participating political subdivision is not authorized by section | 4829 |
4582.22 of the Revised Code to create its own port authority, the | 4830 |
political subdivision's elected legislative body, if the political | 4831 |
subdivision has an elected legislative body, or the political | 4832 |
subdivision's elected official or officials who appoint the | 4833 |
legislative body of the political subdivision shall appoint the | 4834 |
members of a board of directors of a port authority that are to be | 4835 |
appointed by that political subdivision. If the electors of a | 4836 |
participating political subdivision do not elect either the | 4837 |
legislative body of the political subdivision or the official or | 4838 |
officials who appoint the legislative body of the political | 4839 |
subdivision, the participating political subdivision may not | 4840 |
appoint any member of a board of directors of a port authority. | 4841 |
When a port authority is created by a combination of political | 4842 |
subdivisions, the number of directors comprising the board shall | 4843 |
be determined by agreement between the political subdivisions, | 4844 |
which number may be changed from time to time by amendment of the | 4845 |
agreement. The appointing body may at any time remove a director | 4846 |
appointed by it for misfeasance, nonfeasance, or malfeasance in | 4847 |
office. | 4848 |
A majority of the directors shall have been qualified | 4849 |
electors of, or shall have had their businesses or places of | 4850 |
employment in, one or more political subdivisions within the area | 4851 |
of the jurisdiction of the port authority, for a period of at | 4852 |
least three years next preceding their appointment. | 4853 |
The directors of any port authority first appointed shall | 4854 |
serve staggered terms. Thereafter each successor shall serve for | 4855 |
a term of four years, except that any person appointed to fill a | 4856 |
vacancy shall be appointed to only the unexpired term and any | 4857 |
director is eligible for reappointment. | 4858 |
The board of directors by rule may provide for the removal of | 4859 |
a director who fails to attend three consecutive regular meetings | 4860 |
of the board. If a director is so removed, a successor shall be | 4861 |
appointed for the remaining term of the removed director in the | 4862 |
same manner provided for the original appointment. | 4863 |
The directors shall elect one of their membership as | 4864 |
chairperson and another as vice-chairperson, and shall designate | 4865 |
their terms of office, and shall appoint a secretary who need not | 4866 |
be a director. A majority of the board of directors shall | 4867 |
constitute a quorum, the affirmative vote of which shall be | 4868 |
necessary for any action taken by the port authority. No vacancy | 4869 |
in the membership of the board shall impair the rights of a quorum | 4870 |
to exercise all the rights and perform all the duties of the port | 4871 |
authority. | 4872 |
Each member of the board of directors of a port authority | 4873 |
shall be entitled to receive from the port authority such sum of | 4874 |
money as the board of directors may determine as compensation for | 4875 |
services as director and reimbursement for reasonable expenses in | 4876 |
the performance of official duties. | 4877 |
(B) Except for civil actions that arise out of the operation | 4878 |
of a motor vehicle and civil actions in which the port authority | 4879 |
is the plaintiff, no director, officer, or employee of a port | 4880 |
authority shall be liable in any civil action that arises under | 4881 |
the law of this state for damage or injury caused in the | 4882 |
performance of his duties, unless the director's, officer's, or | 4883 |
employee's actions were manifestly outside the scope of his | 4884 |
employment or official responsibilities, or unless the director, | 4885 |
officer, or employee acted with malicious purpose, in bad faith, | 4886 |
or in a wanton or reckless manner. | 4887 |
This division does not eliminate, limit, or reduce any | 4888 |
immunity from civil liability that is conferred upon a director, | 4889 |
officer, or employee by any other provision of the Revised Code or | 4890 |
by case law. | 4891 |
(C)(1) A port authority shall, except as provided in | 4892 |
division (B) of this section, indemnify a director, officer, or | 4893 |
employee from liability incurred in the performance of his duties | 4894 |
by paying any judgment in, or amount negotiated in settlement of, | 4895 |
any civil action arising under federal law, the law of another | 4896 |
state, or the law of a foreign jurisdiction. The reasonableness | 4897 |
of the amount of any consent judgment or settlement is subject to | 4898 |
the review and approval of the board of the port authority. The | 4899 |
maximum aggregate amount of indemnification paid directly from | 4900 |
funds to or on behalf of any director, officer or employee | 4901 |
pursuant to this division shall be one million dollars per | 4902 |
occurrence, regardless of the number of persons who suffer damage, | 4903 |
injury, or death as a result of the occurrence. | 4904 |
(2) A port authority shall not indemnify a director, | 4905 |
officer, or employee under any of the following circumstances: | 4906 |
(a) To the extent the director, officer, or employee is | 4907 |
covered by a policy of insurance for civil liability purchased by | 4908 |
the port authority; | 4909 |
(b) When the director, officer, or employee acts manifestly | 4910 |
outside the scope of his employment or official responsibilities, | 4911 |
with malicious purpose, in bad faith, or in a wanton or reckless | 4912 |
manner; | 4913 |
(c) For any portion of a judgment that represents punitive | 4914 |
or exemplary damages; | 4915 |
(d) For any portion of a consent judgment or settlement that | 4916 |
is unreasonable. | 4917 |
(3) The port authority may purchase a policy or policies of | 4918 |
insurance on behalf of directors, officers, and employees of the | 4919 |
port authority from an insurer or insurers licensed to do business | 4920 |
in this state providing coverage for damages in connection with | 4921 |
any civil action, demand, or claim against the director, officer, | 4922 |
or employee by reason of an act or omission by the director, | 4923 |
officer, or employee occurring in the performance of his duties | 4924 |
and not coming within the terms of division (C)(2)(b) of this | 4925 |
section. | 4926 |
(4) This section does not affect either of the following: | 4927 |
(a) Any defense that would otherwise be available in an | 4928 |
action alleging personal liability of a director, officer, or | 4929 |
employee; | 4930 |
(b) The operation of section 9.83 of the Revised Code. | 4931 |
Sec. 4909.42. If the proceeding on an application filed with | 4932 |
the public utilities commission under section 4909.18 of the | 4933 |
Revised Code by any public utility requesting an increase on any | 4934 |
rate, joint rate, toll, classification, charge, or rental or | 4935 |
requesting a change in a regulation or practice affecting the same | 4936 |
has not been concluded and an order entered pursuant to section | 4937 |
4909.19 of the Revised Code at the expiration of two hundred | 4938 |
seventy-five days from the date of filing the application, the | 4939 |
proposed increase shall go into effect upon the filing of an | 4940 |
undertaking by the public utility. The undertaking shall be filed | 4941 |
with the commission and shall be payable to the state for the use | 4942 |
and benefit of the customers affected by the proposed increase or | 4943 |
change. | 4944 |
The undertaking must be signed by two of the officers of the | 4945 |
utility, under oath, and must contain a promise to refund any | 4946 |
amounts collected by the utility over the rate, joint rate, toll, | 4947 |
classification, charge, or rental, as determined in the final | 4948 |
order of the commission. All refunds shall include interest at | 4949 |
the rate stated in section 1343.03 of the Revised Code. The | 4950 |
refund shall be in the form of a temporary reduction in rates | 4951 |
following the final order of the commission, and shall be | 4952 |
accomplished in such manner as shall be prescribed by the | 4953 |
commission in its final order. The commission shall exercise | 4954 |
continuing and exclusive jurisdiction over such refunds. | 4955 |
If the public utilities commission has not entered a final | 4956 |
order within five hundred forty-five days from the date of the | 4957 |
filing of an application for an increase in rates under section | 4958 |
4909.18 of the Revised Code, a public utility shall have no | 4959 |
obligation to make a refund of amounts collected after the five | 4960 |
hundred forty-fifth day which exceed the amounts authorized by the | 4961 |
commission's final order. | 4962 |
Nothing in this section shall be construed to mitigate any | 4963 |
duty of the commission to issue a final order under section | 4964 |
4909.19 of the Revised Code. | 4965 |
Sec. 5111.81.
| 4966 |
and therapeutics committee of the department of job and family | 4967 |
services. The committee shall consist of eight members and shall | 4968 |
be appointed by the director of job and family services. The | 4969 |
membership of the committee shall include: two pharmacists | 4970 |
licensed under Chapter 4729. of the Revised Code; two doctors of | 4971 |
medicine and two doctors of osteopathy licensed under Chapter | 4972 |
4731. of the Revised Code; a registered nurse licensed under | 4973 |
Chapter 4723. of the Revised Code; and a pharmacologist who has a | 4974 |
doctoral degree. The committee shall elect one of its members as | 4975 |
chairperson. | 4976 |
| 4977 |
4978 | |
4979 | |
4980 | |
4981 | |
4982 | |
4983 | |
4984 | |
4985 | |
4986 | |
4987 | |
4988 | |
4989 | |
4990 | |
4991 | |
4992 | |
4993 | |
4994 | |
4995 | |
4996 | |
4997 |
Sec. 5591.36. The board of county commissioners shall erect | 4998 |
and maintain, where not already done, one or more guardrails on | 4999 |
each end of a county bridge, viaduct, or culvert more than five | 5000 |
feet high and on each side of every approach to a county bridge, | 5001 |
viaduct, or culvert, if the approach or embankment is more than | 5002 |
six feet high. The board shall also protect, by suitable | 5003 |
guardrails, all perpendicular wash banks more than eight feet in | 5004 |
height, where such banks have an immediate connection with a | 5005 |
public highway other than state highways, or are adjacent thereto | 5006 |
in an unprotected condition. | 5007 |
It shall be a sufficient compliance with this section, if the | 5008 |
board causes to be erected and maintained a good stockproof hedge | 5009 |
fence where a quardrail is required. Such guardrails or hedge | 5010 |
fences shall be erected in a substantial manner, having sufficient | 5011 |
strength to protect life and property, the expense thereof to be | 5012 |
paid out of the county bridge fund. | 5013 |
Sec. 5591.37. Failure to comply with section 5591.36 of the | 5014 |
Revised Code shall render the county liable for all accidents or | 5015 |
damages as a result of such failure. | 5016 |
Section 2.02. That all the following are repealed: | 5017 |
(A) Existing sections 1701.95, 1707.01, 1901.18, 2101.31, | 5018 |
2305.25, 2305.251, 2305.37, 2307.24, 2307.27, 2307.30, 2307.60, | 5019 |
2307.61, 2313.46, 2315.07, 2315.08, 2315.18, 2315.23, 2315.24, | 5020 |
2743.18, 2743.19, 2744.01, 2744.02, 2744.03, 2744.05, 3123.17, | 5021 |
4112.02, 4507.07, 4513.263, 4582.27, and 5111.81 of the Revised | 5022 |
Code; | 5023 |
(B) Sections 109.36, 163.17, 723.01, 1343.03, 1775.14, | 5024 |
1901.041, 1901.17, 1901.181, 1901.20, 1905.032, 2117.06, 2125.01, | 5025 |
2125.02, 2125.04, 2305.01, 2305.10, 2305.11, 2305.16, 2305.35, | 5026 |
2305.38, 2307.31, 2307.32, 2307.33, 2307.71, 2307.72, 2307.73, | 5027 |
2307.75, 2307.78, 2307.80, 2315.01, 2315.18, 2315.19, 2315.20, | 5028 |
2315.21, 2317.62, 2323.51, 2501.02, 2744.04, 2744.06, 3701.19, | 5029 |
3722.08, 4112.14, 4112.99, 4113.52, 4171.10, 4399.18, 4909.42, | 5030 |
5591.36, and 5591.37 of the Revised Code, as they result from | 5031 |
Section 1 of Am. Sub. H.B. 350 of the 121st General Assembly; | 5032 |
(C) Sections 901.52, 2101.163, 2151.542, 2303.202, 2305.011, | 5033 |
2305.012, 2305.113, 2305.252, 2305.381, 2305.382, 2307.31, | 5034 |
2307.42, 2307.43, 2307.48, 2307.791, 2307.792, 2307.80, 2309.01, | 5035 |
2315.37, 2317.46, 2323.54, and 2323.59 of the Revised Code; | 5036 |
(D) Sections 1901.262 and 1907.262 of the Revised Code, as | 5037 |
enacted by Section 1 of Am. Sub. H.B. 350; | 5038 |
(E) Section 2305.131 of the Revised Code, both as it results | 5039 |
from and as it existed prior to its repeal and re-enactment by | 5040 |
Sections 1 and 2 of Am. Sub. H.B. 350; | 5041 |
(F) New sections 2307.31 and 2307.80 of the Revised Code, as | 5042 |
enacted by Section 1 of Am. Sub. H.B. 350; and | 5043 |
(G) Section 2317.45 of the Revised Code. | 5044 |
Section 2.03. That sections 2744.01 and 2744.03 of the | 5045 |
Revised Code as scheduled to take effect on January 1, 2002, be | 5046 |
amended to read as follows: | 5047 |
Sec. 2744.01. As used in this chapter: | 5048 |
(A) "Emergency call" means a call to duty, including, but | 5049 |
not limited to, communications from citizens, police dispatches, | 5050 |
and personal observations by peace officers of inherently | 5051 |
dangerous situations that demand an immediate response on the part | 5052 |
of a peace officer. | 5053 |
(B) "Employee" means an officer, agent, employee, or | 5054 |
servant, whether or not compensated or full-time or part-time, who | 5055 |
is authorized to act and is acting within the scope of the | 5056 |
officer's, agent's, employee's, or servant's employment for a | 5057 |
political subdivision. "Employee" does not include an independent | 5058 |
contractor and does not include any individual engaged by a school | 5059 |
district pursuant to section 3319.301 of the Revised Code. | 5060 |
"Employee" includes any elected or appointed official of a | 5061 |
political subdivision. "Employee" also includes a person who has | 5062 |
been convicted of or pleaded guilty to a criminal offense and who | 5063 |
has been sentenced to perform community service work in a | 5064 |
political subdivision whether pursuant to section 2951.02 of the | 5065 |
Revised Code or otherwise, and a child who is found to be a | 5066 |
delinquent child and who is ordered by a juvenile court pursuant | 5067 |
to section 2152.19 or 2152.20 of the Revised Code to perform | 5068 |
community service or community work in a political subdivision. | 5069 |
(C)(1) "Governmental function" means a function of a | 5070 |
political subdivision that is specified in division (C)(2) of this | 5071 |
section or that satisfies any of the following: | 5072 |
(a) A function that is imposed upon the state as an | 5073 |
obligation of sovereignty and that is performed by a political | 5074 |
subdivision voluntarily or pursuant to legislative requirement; | 5075 |
(b) A function that is for the common good of all citizens | 5076 |
of the state; | 5077 |
(c) A function that promotes or preserves the public peace, | 5078 |
health, safety, or welfare; that involves activities that are not | 5079 |
engaged in or not customarily engaged in by nongovernmental | 5080 |
persons; and that is not specified in division (G)(2) of this | 5081 |
section as a proprietary function. | 5082 |
(2) A "governmental function" includes, but is not limited | 5083 |
to, the following: | 5084 |
(a) The provision or nonprovision of police, fire, emergency | 5085 |
medical, ambulance, and rescue services or protection; | 5086 |
(b) The power to preserve the peace; to prevent and suppress | 5087 |
riots, disturbances, and disorderly assemblages; to prevent, | 5088 |
mitigate, and clean up releases of oil and hazardous and extremely | 5089 |
hazardous substances as defined in section 3750.01 of the Revised | 5090 |
Code; and to protect persons and property; | 5091 |
(c) The provision of a system of public education; | 5092 |
(d) The provision of a free public library system; | 5093 |
(e) The regulation of the use of, and the maintenance and | 5094 |
repair of, roads, highways, streets, avenues, alleys, sidewalks, | 5095 |
bridges, aqueducts, viaducts, and public grounds; | 5096 |
(f) Judicial, quasi-judicial, prosecutorial, legislative, | 5097 |
and quasi-legislative functions; | 5098 |
(g) The construction, reconstruction, repair, renovation, | 5099 |
maintenance, and operation of buildings that are used in | 5100 |
connection with the performance of a governmental function, | 5101 |
including, but not limited to, office buildings and courthouses; | 5102 |
(h) The design, construction, reconstruction, renovation, | 5103 |
repair, maintenance, and operation of jails, places of juvenile | 5104 |
detention, workhouses, or any other detention facility, as defined | 5105 |
in section 2921.01 of the Revised Code; | 5106 |
(i) The enforcement or nonperformance of any law; | 5107 |
(j) The regulation of traffic, and the erection or | 5108 |
nonerection of traffic signs, signals, or control devices; | 5109 |
(k) The collection and disposal of solid wastes, as defined | 5110 |
in section 3734.01 of the Revised Code, including, but not limited | 5111 |
to, the operation of solid waste disposal facilities, as | 5112 |
"facilities" is defined in that section, and the collection and | 5113 |
management of hazardous waste generated by households. As used in | 5114 |
division (C)(2)(k) of this section, "hazardous waste generated by | 5115 |
households" means solid waste originally generated by individual | 5116 |
households that is listed specifically as hazardous waste in or | 5117 |
exhibits one or more characteristics of hazardous waste as defined | 5118 |
by rules adopted under section 3734.12 of the Revised Code, but | 5119 |
that is excluded from regulation as a hazardous waste by those | 5120 |
rules. | 5121 |
(l) The provision or nonprovision, planning or design, | 5122 |
construction, or reconstruction of a public improvement, | 5123 |
including, but not limited to, a sewer system; | 5124 |
(m) The operation of a human services department or agency, | 5125 |
including, but not limited to, the provision of assistance to aged | 5126 |
and infirm persons and to persons who are indigent; | 5127 |
(n) The operation of a health board, department, or agency, | 5128 |
including, but not limited to, any statutorily required or | 5129 |
permissive program for the provision of immunizations or other | 5130 |
inoculations to all or some members of the public, provided that a | 5131 |
"governmental function" does not include the supply, manufacture, | 5132 |
distribution, or development of any drug or vaccine employed in | 5133 |
any such immunization or inoculation program by any supplier, | 5134 |
manufacturer, distributor, or developer of the drug or vaccine; | 5135 |
(o) The operation of mental health facilities, mental | 5136 |
retardation or developmental disabilities facilities, alcohol | 5137 |
treatment and control centers, and children's homes or agencies; | 5138 |
(p) The provision or nonprovision of inspection services of | 5139 |
all types, including, but not limited to, inspections in | 5140 |
connection with building, zoning, sanitation, fire, plumbing, and | 5141 |
electrical codes, and the taking of actions in connection with | 5142 |
those types of codes, including, but not limited to, the approval | 5143 |
of plans for the construction of buildings or structures and the | 5144 |
issuance or revocation of building permits or stop work orders in | 5145 |
connection with buildings or structures; | 5146 |
(q) Urban renewal projects and the elimination of slum | 5147 |
conditions; | 5148 |
(r) Flood control measures; | 5149 |
(s) The design, construction, reconstruction, renovation, | 5150 |
operation, care, repair, and maintenance of a township cemetery; | 5151 |
(t) The issuance of revenue obligations under section 140.06 | 5152 |
of the Revised Code; | 5153 |
(u) The design, construction, reconstruction, renovation, | 5154 |
repair, maintenance, and operation of any park, playground, | 5155 |
playfield, indoor recreational facility, zoo, zoological park, | 5156 |
bath, swimming pool, pond, water park, wading pool, wave pool, | 5157 |
water slide, and other type of aquatic facility, or golf course; | 5158 |
(v) The provision of public defender services by a county or | 5159 |
joint county public defender's office pursuant to Chapter 120. of | 5160 |
the Revised Code; | 5161 |
(w) A function that the general assembly mandates a | 5162 |
political subdivision to perform. | 5163 |
(D) "Law" means any provision of the constitution, statutes, | 5164 |
or rules of the United States or of this state; provisions of | 5165 |
charters, ordinances, resolutions, and rules of political | 5166 |
subdivisions; and written policies adopted by boards of education. | 5167 |
When used in connection with the "common law," this definition | 5168 |
does not apply. | 5169 |
(E) "Motor vehicle" has the same meaning as in section | 5170 |
4511.01 of the Revised Code. | 5171 |
(F) "Political subdivision" or "subdivision" means a | 5172 |
municipal corporation, township, county, school district, or other | 5173 |
body corporate and politic responsible for governmental activities | 5174 |
in a geographic area smaller than that of the state. "Political | 5175 |
subdivision" includes, but is not limited to, a county hospital | 5176 |
commission appointed under section 339.14 of the Revised Code, | 5177 |
regional planning commission created pursuant to section 713.21 of | 5178 |
the Revised Code, county planning commission created pursuant to | 5179 |
section 713.22 of the Revised Code, joint planning council created | 5180 |
pursuant to section 713.231 of the Revised Code, interstate | 5181 |
regional planning commission created pursuant to section 713.30 of | 5182 |
the Revised Code, port authority created pursuant to section | 5183 |
4582.02 or 4582.26 of the Revised Code or in existence on December | 5184 |
16, 1964, regional council established by political subdivisions | 5185 |
pursuant to Chapter 167. of the Revised Code, emergency planning | 5186 |
district and joint emergency planning district designated under | 5187 |
section 3750.03 of the Revised Code, joint emergency medical | 5188 |
services district created pursuant to section 307.052 of the | 5189 |
Revised Code, fire and ambulance district created pursuant to | 5190 |
section 505.375 of the Revised Code, joint interstate emergency | 5191 |
planning district established by an agreement entered into under | 5192 |
that section, county solid waste management district and joint | 5193 |
solid waste management district established under section 343.01 | 5194 |
or 343.012 of the Revised Code, and community school established | 5195 |
under Chapter 3314. of the Revised Code. | 5196 |
(G)(1) "Proprietary function" means a function of a | 5197 |
political subdivision that is specified in division (G)(2) of this | 5198 |
section or that satisfies both of the following: | 5199 |
(a) The function is not one described in division (C)(1)(a) | 5200 |
or (b) of this section and is not one specified in division (C)(2) | 5201 |
of this section; | 5202 |
(b) The function is one that promotes or preserves the | 5203 |
public peace, health, safety, or welfare and that involves | 5204 |
activities that are customarily engaged in by nongovernmental | 5205 |
persons. | 5206 |
(2) A "proprietary function" includes, but is not limited | 5207 |
to, the following: | 5208 |
(a) The operation of a hospital by one or more political | 5209 |
subdivisions; | 5210 |
(b) The design, construction, reconstruction, renovation, | 5211 |
repair, maintenance, and operation of a public cemetery other than | 5212 |
a township cemetery; | 5213 |
(c) The establishment, maintenance, and operation of a | 5214 |
utility, including, but not limited to, a light, gas, power, or | 5215 |
heat plant, a railroad, a busline or other transit company, an | 5216 |
airport, and a municipal corporation water supply system; | 5217 |
(d) The maintenance, destruction, operation, and upkeep of a | 5218 |
sewer system; | 5219 |
(e) The operation and control of a public stadium, | 5220 |
auditorium, civic or social center, exhibition hall, arts and | 5221 |
crafts center, band or orchestra, or off-street parking facility. | 5222 |
(H)
| 5223 |
5224 | |
5225 | |
5226 | |
5227 |
| 5228 |
limited to, the general assembly, the supreme court, the offices | 5229 |
of all elected state officers, and all departments, boards, | 5230 |
offices, commissions, agencies, colleges and universities, | 5231 |
institutions, and other instrumentalities of the state of Ohio. | 5232 |
"State" does not include political subdivisions. | 5233 |
Sec. 2744.03. (A) In a civil action brought against a | 5234 |
political subdivision or an employee of a political subdivision to | 5235 |
recover damages for injury, death, or loss to persons or property | 5236 |
allegedly caused by any act or omission in connection with a | 5237 |
governmental or proprietary function, the following defenses or | 5238 |
immunities may be asserted to establish nonliability: | 5239 |
(1) The political subdivision is immune from liability if | 5240 |
the employee involved was engaged in the performance of a | 5241 |
judicial, quasi-judicial, prosecutorial, legislative, or | 5242 |
quasi-legislative function. | 5243 |
(2) The political subdivision is immune from liability if | 5244 |
the conduct of the employee involved, other than negligent | 5245 |
conduct, that gave rise to the claim of liability was required by | 5246 |
law or authorized by law, or if the conduct of the employee | 5247 |
involved that gave rise to the claim of liability was necessary or | 5248 |
essential to the exercise of powers of the political subdivision | 5249 |
or employee. | 5250 |
(3) The political subdivision is immune from liability if | 5251 |
the action or failure to act by the employee involved that gave | 5252 |
rise to the claim of liability was within the discretion of the | 5253 |
employee with respect to policy-making, planning, or enforcement | 5254 |
powers by virtue of the duties and responsibilities of the office | 5255 |
or position of the employee. | 5256 |
(4) The political subdivision is immune from liability if | 5257 |
the action or failure to act by the political subdivision or | 5258 |
employee involved that gave rise to the claim of liability | 5259 |
resulted in injury or death to a person who had been convicted of | 5260 |
or pleaded guilty to a criminal offense and who, at the time of | 5261 |
the injury or death, was serving any portion of the person's | 5262 |
sentence by performing community service work for or in the | 5263 |
political subdivision whether pursuant to section 2951.02 of the | 5264 |
Revised Code or otherwise, or resulted in injury or death to a | 5265 |
child who was found to be a delinquent child and who, at the time | 5266 |
of the injury or death, was performing community service or | 5267 |
community work for or in a political subdivision in accordance | 5268 |
with the order of a juvenile court entered pursuant to section | 5269 |
2152.19 or 2152.20 of the Revised Code, and if, at the time of the | 5270 |
person's or child's injury or death, the person or child was | 5271 |
covered for purposes of Chapter 4123. of the Revised Code in | 5272 |
connection with the community service or community work for or in | 5273 |
the political subdivision. | 5274 |
(5) The political subdivision is immune from liability if | 5275 |
the injury, death, or loss to persons or property resulted from | 5276 |
the exercise of judgment or discretion in determining whether to | 5277 |
acquire, or how to use, equipment, supplies, materials, personnel, | 5278 |
facilities, and other resources unless the judgment or discretion | 5279 |
was exercised with malicious purpose, in bad faith, or in a wanton | 5280 |
or reckless manner. | 5281 |
(6) In addition to any immunity or defense referred to in | 5282 |
division (A)(7) of this section and in circumstances not covered | 5283 |
by that division or sections 3314.07 and 3746.24 of the Revised | 5284 |
Code, the employee is immune from liability unless one of the | 5285 |
following applies: | 5286 |
(a) The employee's acts or omissions were manifestly outside | 5287 |
the scope of the employee's employment or official | 5288 |
responsibilities; | 5289 |
(b) The employee's acts or omissions were with malicious | 5290 |
purpose, in bad faith, or in a wanton or reckless manner; | 5291 |
(c) Liability is expressly imposed upon the employee by a | 5292 |
section of the Revised Code.
| 5293 |
5294 | |
5295 | |
5296 | |
5297 | |
5298 |
(7) The political subdivision, and an employee who is a | 5299 |
county prosecuting attorney, city director of law, village | 5300 |
solicitor, or similar chief legal officer of a political | 5301 |
subdivision, an assistant of any such person, or a judge of a | 5302 |
court of this state is entitled to any defense or immunity | 5303 |
available at common law or established by the Revised Code. | 5304 |
(B) Any immunity or defense conferred upon, or referred to | 5305 |
in connection with, an employee by division (A)(6) or (7) of this | 5306 |
section does not affect or limit any liability of a political | 5307 |
subdivision for an act or omission of the employee as provided in | 5308 |
section 2744.02 of the Revised Code. | 5309 |
Section 2.04. That existing sections 2744.01 and 2744.03 of | 5310 |
the Revised Code as scheduled to take effect on January 1, 2002, | 5311 |
are repealed. | 5312 |
Section 2.05. Sections 2.03 and 2.04 of this act take | 5313 |
effect on January 1, 2002. | 5314 |
Section 3. (A) In Section 2.01 of this act: | 5315 |
(1) Sections 1701.95, 1707.01, 2305.25, 2305.251, 2305.37, | 5316 |
2307.60, 2307.61, 2743.18, 2743.19, 2744.01, 2744.02, 2744.03, | 5317 |
2744.05, 3123.17, 4112.02, 4507.07, 4513.263, 4582.27, and 5111.81 | 5318 |
of the Revised Code, which have been amended by acts subsequent to | 5319 |
their amendment by Am. Sub. H.B. 350 of the 121st General | 5320 |
Assembly, are amended to remove matter inserted by, or to revive | 5321 |
matter removed by, Am. Sub. H.B. 350. Amendments made by Am. Sub. | 5322 |
H.B. 350 or the subsequent acts that are independent of the | 5323 |
purposes of Am. Sub. H.B. 350 are retained. | 5324 |
(2) Section 1901.18 of the Revised Code, as amended | 5325 |
subsequently to Sub. H.B. 350 by Am. Sub. S.B. 1 and Sub. H.B. 302 | 5326 |
of the 122nd General Assembly, is amended to ratify a | 5327 |
cross-reference correction made to the section by Am. Sub. H.B. | 5328 |
350. | 5329 |
(3) Sections 109.36, 2117.06, 2125.01, 2125.02, 2125.04, | 5330 |
2305.10, 2305.16, 2305.38, 2307.31, 2307.32, 2307.75, 2307.80, | 5331 |
2315.01, 2315.19, 2315.21, 2501.02, 2744.06, 3722.08, 4112.14, | 5332 |
4113.52, 4171.10, and 4399.18 of the Revised Code are revived and | 5333 |
amended, supersede the versions of the same sections that are | 5334 |
repealed by Section 2.02 of this act, and include amendments that | 5335 |
gender neutralize the language of the sections (as contemplated by | 5336 |
section 1.31 of the Revised Code) and that correct apparent error. | 5337 |
(4) Sections 163.17, 723.01, 1343.03, 1775.14, 2305.01, | 5338 |
2305.11, 2305.35, 2307.33, 2307.71, 2307.72, 2307.73, 2307.78, | 5339 |
2315.18, 2315.20, 2317.62, 2323.51, 2744.04, 4112.99, 4909.42, | 5340 |
5591.36, and 5591.37 of the Revised Code are revived and supersede | 5341 |
the versions of the same sections that are repealed by Section | 5342 |
2.02 of this act. | 5343 |
(5) Notwithstanding its attempted repeal by Am. Sub. H.B. | 5344 |
350, section 2305.27 of the Revised Code is revived and amended to | 5345 |
gender neutralize the language of the section. | 5346 |
(6) Former sections 2307.31 and 2307.80 of the Revised Code, | 5347 |
as they existed prior to being renumbered by Am. Sub. H.B. 350, | 5348 |
are revived and amended as explained in division (A)(2) of this | 5349 |
section. Am. Sub. H.B. 350 renumbered former sections 2307.31 and | 5350 |
2307.80 of the Revised Code and reassigned their numbers to new | 5351 |
sections. Only new sections 2307.31 and 2307.80 of the Revised | 5352 |
Code, as enacted by Section 1 of Am. Sub. H.B. 350, are repealed | 5353 |
by Section 2.02 of this act. | 5354 |
(7) Section 3123.17 of the Revised Code is amended as | 5355 |
explained in division (A)(1) of this section to remove matter | 5356 |
inserted into former section 3113.219 of the Revised Code by Am. | 5357 |
Sub. H.B. 350. Am. Sub. S.B. 180 of the 123rd General Assembly | 5358 |
amended and renumbered former section 3113.219 of the Revised Code | 5359 |
as section 3123.17 of the Revised Code as part of its general | 5360 |
revision of the child support laws. The amendments of Am. Sub. | 5361 |
S.B. 180 are retained. | 5362 |
(B) The repeal by Section 2.02 of this act of: | 5363 |
(1) Sections 1901.041, 1901.17, 1901.181, 1901.20, 1901.262, | 5364 |
1905.032, and 1907.262 of the Revised Code as they result from Am. | 5365 |
Sub. H.B. 350 is intended to enable the sections to remain in | 5366 |
effect as they result from Am. Sub. H.B. 438 of the 121st General | 5367 |
Assembly, 146 Ohio Laws 4823. | 5368 |
(2) Section 2317.45 of the Revised Code responds to the | 5369 |
section having been held unconstitutional by the Supreme Court of | 5370 |
Ohio's decision in Sorrell v. Thevenir (1994), 69 Ohio St.3d 415. | 5371 |
(3) Section 3701.19 of the Revised Code as it results from | 5372 |
Am. Sub. H.B. 350 is intended to enable the section to remain in | 5373 |
effect as it results from Sub. H.B. 670 of the 121st General | 5374 |
Assembly, 146 Ohio Laws 6440. | 5375 |
(C) In Section 2.03 of this act sections 2744.01 and 2744.03 | 5376 |
of the Revised Code are amended effective January 1, 2002, to | 5377 |
continue the amendments made to those sections by Section 2.01 of | 5378 |
this act as explained in division (A)(1) of this section. Sections | 5379 |
2744.01 and 2744.03 were amended subsequently to Am. Sub. H.B. 350 | 5380 |
by Am. Sub. S.B. 179 of the 123rd General Assembly, effective | 5381 |
January 1, 2002. | 5382 |
Section 4. Because Am. Sub. H.B. 551 of the 123rd General | 5383 |
Assembly takes effect on October 5, 2001: | 5384 |
(A) Section 1707.01 of the Revised Code, which is presented | 5385 |
in this act as it results from Am. Sub. H.B. 551, takes effect as | 5386 |
amended by this act on October 5, 2001. | 5387 |
(B) Divisions (CC), (DD), (EE), (FF), (GG), and (HH) of | 5388 |
section 1707.01 of the Revised Code, which were inserted into the | 5389 |
section by Am. Sub. H.B. 350 of the 121st General Assembly, are | 5390 |
suspended on the effective date of this section, pending section | 5391 |
1707.01 of the Revised Code taking effect as amended by this act | 5392 |
on October 5, 2001. | 5393 |
(C) Sections 1707.432, 1707.433, 1707.434, 1707.435, | 5394 |
1707.436, 1707.437, and 1707.438 of the Revised Code, which were | 5395 |
enacted by Am. Sub. H.B. 350, are suspended on the effective date | 5396 |
of this section, pending their repeal by Am. Sub. H.B. 551 taking | 5397 |
effect on October 5, 2001. | 5398 |
Section 5.01. That Section 3 of Am. Sub. H.B. 438 of the | 5399 |
121st General Assembly, which was amended by Am. Sub. H.B. 350 of | 5400 |
the 121st General Assembly, be amended to read as follows: | 5401 |
" Sec. 3. Sections 1 and 2 of Am. Sub. H.B. 438 of the 121st | 5402 |
General Assembly shall take effect on July 1, 1997 | 5403 |
5404 | |
5405 | |
5406 | |
5407 |
Section 5.02. That existing Section 3 of Am. Sub. H.B. 438 of | 5408 |
the 121st General Assembly is repealed. | 5409 |
Section 5.03. Notwithstanding the attempted amendment of | 5410 |
Section 3 of Am. Sub. H.B. 438 by Am. Sub. H.B. 350 of the 121st | 5411 |
General Assembly, section 2317.023 of the Revised Code, as enacted | 5412 |
by Am. Sub. H.B. 438 of the 121st General Assembly, took effect on | 5413 |
July 1, 1997. | 5414 |
Section 6. Sections 3, 4, 5, 6, 7, 8, 9, 13, and 16 of Am. | 5415 |
Sub. H.B. 350 of the 121st General Assembly are repealed. | 5416 |
Section 7. In sections contained in this act that have been | 5417 |
amended by acts subsequent to their amendment by Am. Sub. H.B. 350 | 5418 |
of the 121st General Assembly (other than section 1901.18 of the | 5419 |
Revised Code), matter removed by Am. Sub. H.B. 350 is revived, and | 5420 |
matter inserted by Am. Sub. H.B. 350 is removed, by amendment | 5421 |
indicated as directed in rule 103-5-01 of the Administrative Code. | 5422 |
But, notwithstanding rule 103-5-01 of the Administrative Code, in | 5423 |
sections contained in this act that have not been amended by acts | 5424 |
subsequent to their amendment by Am. Sub. H.B. 350 of the 121st | 5425 |
General Assembly (1) matter removed by Am. Sub. H.B. 350 is | 5426 |
revived by being reinserted without underlining, so as to indicate | 5427 |
the intention that it is old law that is being revived and (2) | 5428 |
matter inserted by Am. Sub. H.B. 350 is removed by being omitted, | 5429 |
so as to indicate the intention that, by virtue of its | 5430 |
noninclusion, it is being repealed because constitutionally | 5431 |
meaningless. In section 1901.18 of the Revised Code, ratification | 5432 |
of Sub. H.B. 350's cross-reference correction is indicated by | 5433 |
amendment as directed in rule 103-5-01 of the Administrative Code. | 5434 |
Section 8. Section 109.36 of the Revised Code is presented | 5435 |
in this act as a composite of the section as amended by both Sub. | 5436 |
H.B. 715 and Am. Sub. H.B. 571 of the 120th General Assembly. | 5437 |
Section 4112.02 of the Revised Code is presented in this act as a | 5438 |
composite of the section as amended by both Am. H.B. 264 and H.B. | 5439 |
471 of the 123rd General Assembly. The General Assembly, applying | 5440 |
the principle stated in division (B) of section 1.52 of the | 5441 |
Revised Code that amendments are to be harmonized if reasonably | 5442 |
capable of simultaneous operation, finds that the composites are | 5443 |
the resulting version of the sections in effect prior to the | 5444 |
effective date of the sections as presented in this act. | 5445 |
Section 9. This act is an emergency measure necessary for the | 5446 |
immediate preservation of the public peace, health, and safety. | 5447 |
The reason for the necessity is that repeal of the Tort Reform Act | 5448 |
and revival of prior law will clarify the status of law that is | 5449 |
unsettled as a result of the act being held unconstitutional. | 5450 |
Therefore, this act goes into immediate effect. | 5451 |