Section 1. That sections 2101.31, 2307.24, 2307.27,
2307.30, | 20 |
2313.46, 2315.23, 2315.24, 4507.07, and 5703.54 be
amended; | 21 |
sections 1775.14, 2315.18, and 4171.10 be revived and
amended; | 22 |
sections
2307.24
(2307.16), 2307.27 (2307.17), 2307.30
(2307.18), | 23 |
2315.07
(2315.05), 2315.08 (2315.06), 2315.18
(2315.07), 2315.23 | 24 |
(2315.08), and 2315.24 (2315.09) be amended for
the purpose of | 25 |
adopting new section
numbers as indicated in
parentheses; and new | 26 |
sections 2307.24,
2307.27, and
2315.37 and
sections 2307.011, | 27 |
2307.21, 2307.22,
2307.23, 2307.25, 2307.26,
2307.28,
2307.29, | 28 |
2315.31, 2315.32,
2315.33, 2315.34, 2315.35,
2315.36, 2315.41, | 29 |
2315.42, 2315.43,
2315.44, 2315.45, and 2315.46
of the
Revised | 30 |
Code be enacted to
read as follows: | 31 |
|
(B) Subject to divisions
(C)(1) and (2) of this section or | 44 |
as otherwise provided
in a written agreement between the partners | 45 |
of a registered limited liability
partnership, a partner in a | 46 |
registered limited liability partnership is not
liable, directly | 47 |
or indirectly, by way of indemnification, contribution, | 48 |
assessment, or otherwise, for debts, obligations, or other | 49 |
liabilities of any
kind of, or chargeable to, the partnership or | 50 |
another partner or partners
arising from negligence or from | 51 |
wrongful
acts, errors, omissions, or misconduct, whether or not | 52 |
intentional
or
characterized as tort, contract, or otherwise, | 53 |
committed or occurring while
the
partnership is a registered | 54 |
limited liability partnership and committed or
occurring in the | 55 |
course of the partnership business by another partner or an | 56 |
employee, agent, or representative of the partnership. | 57 |
(C)(1) Division
(B) of this section does not affect the | 58 |
liability of a partner in a registered limited liability | 59 |
partnership for that
partner's own negligence, wrongful acts, | 60 |
errors, omissions, or misconduct,
including that partner's own | 61 |
negligence, wrongful acts, errors, omissions, or
misconduct in | 62 |
directly supervising any other partner or any employee, agent,
or | 63 |
representative of the partnership. | 64 |
Sec. 2101.31. All questions of fact shall be determined by | 74 |
the probate judge,
unless
he
the judge orders
them
those questions | 75 |
of fact to be tried
by
before a
jury, or
referred,
refers those | 76 |
questions of fact to a special master commissioner as
provided in | 77 |
sections
2101.06
and 2101.07,
and
sections 2315.26 to 2315.37, | 78 |
inclusive, of the
Revised
Code. | 79 |
(2) All expenditures for medical care or treatment, | 93 |
rehabilitation services, or other care, treatment, services, | 94 |
products, or accommodations incurred as a result of an injury, | 95 |
death, or loss to person that is a subject of a tort action, | 96 |
including expenditures for those purposes that were incurred as of | 97 |
the date of a judgment and expenditures for those purposes that, | 98 |
in the determination of the trier of fact, will be incurred in the | 99 |
future because of the injury, whether paid by the injured person | 100 |
or by another person on behalf of the injured person; | 101 |
(4) Any other expenditures incurred as a result of an | 106 |
injury, death, or loss to person or property that is a subject of | 107 |
a tort action, except expenditures of the injured person, the | 108 |
person whose property was injured or destroyed, or another person | 109 |
on behalf of the injured person or the person whose property was | 110 |
injured or destroyed in relation to the actual preparation or | 111 |
presentation of the claim involved. | 112 |
(E) "Noneconomic loss" means nonpecuniary harm that results | 117 |
from an injury, death, or loss to person that is a subject of a | 118 |
tort action, including, but not limited to, pain and suffering; | 119 |
loss of society, consortium, companionship, care, assistance, | 120 |
attention, protection; advice, guidance, counsel, instruction, | 121 |
training, or education; mental anguish; and any other intangible | 122 |
loss. | 123 |
Sec. 2307.30. Sec.
. Sec. 2307.18.
An
A judicial officer against whom an | 157 |
action is brought to recover
personal property taken by
him
the | 158 |
officer on execution, or for
the proceeds of
such
the personal | 159 |
property sold by
him
the officer, upon
exhibiting to the court the | 160 |
process under which
he
the officer
acted, with
his
the officer's | 161 |
affidavit that the property was
taken or sold by
him
the officer | 162 |
under
such
that process, may have
the benefit of
section 2307.29 | 163 |
of the Revised Code
Civil Rule 22, against the party in whose | 164 |
favor the execution issued. | 165 |
(2) If division (A)(1) of this section is applicable, each | 184 |
defendant who is determined by the trier of fact to be legally | 185 |
responsible for the same injury or loss to person or property or | 186 |
the same wrongful death and to whom fifty per cent or less of the | 187 |
tortious conduct is attributable shall be liable to the plaintiff | 188 |
only
for that defendant's proportionate share of the compensatory | 189 |
damages that represent economic loss. The proportionate share of a | 190 |
defendant shall be calculated by multiplying the total amount of | 191 |
the economic damages awarded to the plaintiff by the percentage of | 192 |
tortious conduct as determined in section 2307.23 of the Revised | 193 |
Code that is attributable to that defendant. | 194 |
(B) In a tort action in which the trier of fact determines | 195 |
that two or more tortfeasors proximately caused the same injury or | 196 |
loss to person or property or the same wrongful death and | 197 |
determines that fifty per cent or less of the
tortious conduct is | 198 |
attributable to each defendant, each defendant shall be liable to | 199 |
the plaintiff only for that defendant's proportionate share of the | 200 |
compensatory damages that represent economic loss. The | 201 |
proportionate share of a defendant shall be calculated by | 202 |
multiplying the total amount of the economic damages awarded to | 203 |
the plaintiff by the percentage of tortious
conduct as determined | 204 |
pursuant to section 2307.23 of the Revised Code that is | 205 |
attributable
to that defendant. | 206 |
(C) In a tort action in which the trier of fact determines | 207 |
that two or more tortfeasors proximately caused the same injury or | 208 |
loss to person or property or the same wrongful death, each | 209 |
defendant who is determined by the trier of fact to be legally | 210 |
responsible for the same injury or loss to person or property or | 211 |
for the same wrongful death shall be liable to the plaintiff only | 212 |
for that defendant's proportionate share of the compensatory | 213 |
damages that represent noneconomic loss. The proportionate share | 214 |
of a defendant shall be calculated by multiplying the total amount | 215 |
of the noneconomic damages awarded to the plaintiff by the | 216 |
percentage of tortious conduct as determined pursuant to section | 217 |
2307.23 of the Revised Code that is attributable to that | 218 |
defendant. | 219 |
Sec. 2307.23. (A) In determining the percentages of tortious | 223 |
conduct attributable to a party in a tort action under
section | 224 |
2307.22, sections 2315.31 to 2315.37, or sections 2315.41 to | 225 |
2315.46 of the
Revised Code, the court in a nonjury action shall | 226 |
make findings of
fact, and the jury in a jury action shall return | 227 |
a general verdict
accompanied by answers to interrogatories, that | 228 |
shall specify all
of the following:
| 229 |
(B) Sections 2307.21, 2307.22, and 2307.23 of the Revised | 255 |
Code do not affect any other section of the Revised Code or the | 256 |
common law of this state to the extent that the other section or | 257 |
common law makes a principal, master, or other person vicariously | 258 |
liable for the tortious conduct of an agent,
servant, or other | 259 |
person. For purposes of section 2307.22 of the
Revised Code, a | 260 |
principal and agent, a master and servant, or
other persons having | 261 |
a vicarious liability relationship shall
constitute a single party | 262 |
when determining percentages of
tortious conduct in a tort action | 263 |
in which
vicarious liability is asserted. | 264 |
Sec. 2307.25. (A) Except as otherwise provided in sections | 265 |
2307.25 to 2307.28 of the Revised Code, if two or more persons are | 266 |
jointly and severally liable in tort for the same injury or loss | 267 |
to person or property or for the same wrongful death, there is a | 268 |
right of contribution among them even though judgment has not been | 269 |
recovered against all or any of them. The right of contribution | 270 |
exists only in favor of a tortfeasor who has paid more than that | 271 |
tortfeasor's proportionate share of the common liability, and that | 272 |
tortfeasor's total recovery is limited to the amount paid by that | 273 |
tortfeasor in excess of that tortfeasor's proportionate share. No | 274 |
tortfeasor is compelled to make contribution beyond that | 275 |
tortfeasor's own proportionate share of the common liability. | 276 |
There is no right of contribution in favor of any tortfeasor who | 277 |
intentionally has caused or intentionally has contributed to the | 278 |
injury or loss to person or property or the wrongful death. | 279 |
Sec. 2307.26. If a judgment that imposes joint and several | 317 |
liability has been entered in an action against two or more | 318 |
tortfeasors for the same injury or loss to person or property or | 319 |
for the same wrongful death, contribution may be enforced in that | 320 |
action by judgment in favor of one against other judgment debtors, | 321 |
by motion, upon notice to all parties to the action. If there is | 322 |
a judgment for the injury or loss to person or property or the | 323 |
wrongful death against the tortfeasor seeking contribution, that | 324 |
tortfeasor shall commence any separate action to enforce | 325 |
contribution within one year after the judgment has become final | 326 |
by lapse of time for appeal or after appellate review. | 327 |
Sec. 2315.18. Sec.
. Sec. 2315.07.
Except as otherwise provided in this | 385 |
section,
when
When
by the verdict in a civil action tried to a | 386 |
jury any
party in the
action is entitled
to recover money from an | 387 |
adverse
party, the jury shall determine
the amount of
the recovery | 388 |
in its
verdict.
A jury shall not determine the
amount of
punitive | 389 |
or
exemplary damages recoverable by a party in a tort
action | 390 |
pursuant
to section 2315.21 or another section of the Revised Code | 391 |
except
as provided
in division (D)(5) of section 2315.21 of the | 392 |
Revised
Code. | 393 |
Sec. 2315.24. Sec.
. Sec. 2315.09. Parties to a question
which
that might | 399 |
be
the subject of a civil
action, on filing an affidavit that the | 400 |
controversy is real and the proceeding
in good faith to determine | 401 |
their rights, may agree upon a case containing the
facts upon | 402 |
which the controversy depends and present a submission of it to | 403 |
any
court of competent jurisdiction, which. The court shall hear | 404 |
and
determine the case and
render judgment as if an action were | 405 |
pending. | 406 |
Sec. 2315.33. The contributory fault of a person
does not bar | 423 |
the person as plaintiff from recovering damages that
have directly | 424 |
and
proximately resulted from the tortious conduct
of one or more | 425 |
other persons, if the contributory fault of the
plaintiff was not | 426 |
greater than the combined tortious conduct of
all other persons | 427 |
from whom the
plaintiff seeks recovery in this
action and of all | 428 |
other persons from whom the
plaintiff does not seek
recovery in | 429 |
this action. The court shall diminish any
compensatory damages | 430 |
recoverable by the plaintiff by an amount
that is proportionately | 431 |
equal to the
percentage of tortious
conduct of the plaintiff as | 432 |
determined pursuant to section 2315.34
of the Revised Code. This | 433 |
section does not apply to actions
described in section 4113.03 of | 434 |
the Revised Code. | 435 |
Sec. 2315.35. After the court makes its findings of fact or | 451 |
after the jury returns its general verdict accompanied by answers | 452 |
to interrogatories as described in section 2315.34 of the Revised | 453 |
Code, the court shall diminish the total amount of the | 454 |
compensatory damages that would have been recoverable by an amount | 455 |
that is proportionately equal to the percentage of tortious | 456 |
conduct determined under section 2307.23 of the Revised Code that | 457 |
is attributable to the
plaintiff. If the percentage of the | 458 |
tortious conduct determined
to be attributable to the plaintiff | 459 |
is greater
than the sum of the percentages of the tortious conduct | 460 |
determined
to be attributable to all parties to the tort action | 461 |
from whom the plaintiff seeks recovery plus all persons from whom | 462 |
the plaintiff does not seek recovery in this tort action, the | 463 |
court shall
enter judgment in
favor of the defendants. | 464 |
Sec. 2315.36. If contributory fault is asserted as an | 465 |
affirmative defense to a negligence claim, if it is determined | 466 |
that the plaintiff was contributorily at fault and
that | 467 |
contributory fault was a direct and proximate cause of the
injury, | 468 |
death, or loss to person or property that is the subject of the | 469 |
tort action, and if
the plaintiff is entitled to recover | 470 |
compensatory damages pursuant
to this section from more than one | 471 |
party, after it makes findings
of fact or after the jury returns | 472 |
its general verdict accompanied
by answers to interrogatories as | 473 |
described in section 2315.34 of
the Revised Code, the court shall | 474 |
enter a judgment that is in
favor of the plaintiff and that | 475 |
imposes liability pursuant to
section 2307.22 of the Revised Code. | 476 |
Sec. 2315.43. Contributory negligence or other contributory | 507 |
tortious conduct may be asserted as an affirmative defense to a | 508 |
product liability claim. Contributory negligence or other | 509 |
contributory tortious conduct of a plaintiff or of a person for | 510 |
whom the plaintiff is the legal representative does not bar the | 511 |
plaintiff from recovering damages that have directly and | 512 |
proximately resulted from the tortious conduct of one or more | 513 |
other persons, if the contributory negligence or other | 514 |
contributory tortious conduct of the plaintiff or of the person | 515 |
for whom the plaintiff is legal representative was not greater | 516 |
than
the combined tortious conduct of all other persons from whom | 517 |
the
plaintiff seeks recovery and of all other persons from whom | 518 |
the
plaintiff does not seek recovery, including, but not limited | 519 |
to,
persons who have entered into a settlement agreement with the | 520 |
plaintiff, persons whom the plaintiff has dismissed from the | 521 |
action without prejudice, and persons whom the plaintiff has | 522 |
dismissed from the action with prejudice, whether or not a person | 523 |
was or could have been a party to the action. However, the | 524 |
compensatory damages recoverable by the plaintiff shall be | 525 |
diminished by an amount that is proportionately equal to the | 526 |
percentage of negligence or other tortious conduct of the | 527 |
plaintiff or of the person for whom the plaintiff is legal | 528 |
representative, which percentage is determined pursuant to section | 529 |
2315.44 of the Revised Code.
| 530 |
Sec. 2315.45. After the court makes its findings of fact | 547 |
or after the jury returns its general verdict accompanied by | 548 |
answers to interrogatories as described in section 2315.44 of the | 549 |
Revised Code, the court shall diminish the total amount of the | 550 |
compensatory damages that would have been recoverable by an amount | 551 |
that is proportionately equal to the percentage of negligence or | 552 |
other tortious conduct that is attributable to the plaintiff or | 553 |
the person for whom the plaintiff is legal representative as | 554 |
determined pursuant to that section. If the percentage of the | 555 |
negligence or other tortious conduct that is attributable to the | 556 |
plaintiff or the person for whom the plaintiff is legal | 557 |
representative is greater than the total of the percentages of the | 558 |
tortious conduct that are attributable to all parties from whom | 559 |
the plaintiff seeks recovery and to all persons from whom the | 560 |
plaintiff does not seek recovery, including, but not limited to, | 561 |
persons who have entered into a settlement agreement with the | 562 |
plaintiff, persons whom the plaintiff has dismissed from the | 563 |
action without prejudice, and persons whom the plaintiff has | 564 |
dismissed from the action with prejudice, whether or not a person | 565 |
was or could have been a party to the action, which percentages | 566 |
were determined pursuant to section 2315.44 of the Revised Code, | 567 |
the court shall enter judgment in favor of those parties. | 568 |
Sec. 2315.46. If contributory negligence or other | 569 |
contributory tortious conduct is asserted as an affirmative | 570 |
defense to a product liability claim, if it is determined that the | 571 |
plaintiff or the person for whom the plaintiff is legal | 572 |
representative was contributorily negligent or engaged in other | 573 |
contributory tortious conduct and that the contributory negligence | 574 |
or other contributory tortious conduct was a direct and proximate | 575 |
cause of the injury, death, or loss to person or property | 576 |
involved, and if the plaintiff is entitled to recover compensatory | 577 |
damages pursuant to this section from more than one party, after | 578 |
it makes findings of fact or after the jury returns its general | 579 |
verdict accompanied by answers to interrogatories as described in | 580 |
section 2315.44 of the Revised Code, the court shall enter a | 581 |
judgment that is in favor of the plaintiff and that imposes | 582 |
liability pursuant to section 2307.22 of the Revised Code. | 583 |
Sec. 4171.10. The express assumption of risk set forth in | 584 |
section 4171.09 of
the Revised Code shall serve as a complete | 585 |
defense
to
in a
suit
tort or other civil action against an | 586 |
operator by a roller skater for injuries resulting from the | 587 |
assumed risks of
roller skating. The comparative negligence
or | 588 |
other tort provisions of
section 2315.19
sections 2315.31 to | 589 |
2315.37 of
the Revised Code shall
not apply unless the operator | 590 |
has breached
his
the operator's
duties
pursuant to sections | 591 |
4171.06 and 4171.07 of the Revised
Code. | 592 |
Sec. 4507.07. (A) The registrar of motor vehicles shall
not | 593 |
grant the application of any minor under eighteen years of
age for | 594 |
a probationary license, a restricted license,
or a temporary | 595 |
instruction permit, unless
the
application is signed by one of
| 596 |
the minor's parents,
the minor's guardian,
another
person having | 597 |
custody of the
applicant, or, if there is no parent
or guardian,
a | 598 |
responsible
person who is willing to assume the
obligation imposed | 599 |
under this
section. | 600 |
At the time a minor under eighteen years of age submits an | 601 |
application for a license
or permit at a driver's license | 602 |
examining
station,
the adult who signs the application shall | 603 |
present
identification
establishing that
the adult is the | 604 |
individual whose
signature
appears on the application. The | 605 |
registrar
shall
prescribe, by rule, the types of
identification | 606 |
that are suitable
for the purposes of this
paragraph. If the | 607 |
adult who signs the
application does not
provide identification
as | 608 |
required by this
paragraph, the
application shall not be
accepted. | 609 |
When a minor under eighteen years of age applies for a | 610 |
probationary license, a restricted license,
or a temporary | 611 |
instruction permit, the registrar
shall give the
adult who signs | 612 |
the application
notice of the potential liability
that
may be | 613 |
imputed to the
adult pursuant to
division (B) of
this section and | 614 |
notice of how
the
adult
may
prevent any liability from being | 615 |
imputed to
the
adult
pursuant to
that
division. | 616 |
(B)
Any negligence, or willful or wanton misconduct, that
is | 617 |
committed by a minor under eighteen years of age when driving
a | 618 |
motor vehicle upon a highway shall be imputed to the person who | 619 |
has signed the application of the minor for a probationary
license | 620 |
or restricted license, which person shall be jointly and
severally | 621 |
liable with the minor for any damages caused by the
negligence or | 622 |
the willful or wanton misconduct. This joint and
several | 623 |
liability is not subject to
division (D) of section
2315.19 | 624 |
2307.22, 2315.36, 2315.37, or 2315.46 of the
Revised Code with | 625 |
respect to a negligence
claim that otherwise is
subject to that | 626 |
section. | 627 |
There shall be no imputed liability imposed under this | 628 |
division, if a minor under eighteen years of age has proof of | 629 |
financial responsibility with respect to the operation of a motor | 630 |
vehicle owned by the minor or, if the minor is not the owner of a | 631 |
motor vehicle, with respect to the minor's operation of any motor | 632 |
vehicle, in the form and in the amounts as required under Chapter | 633 |
4509. of the Revised Code. | 634 |
(C) Any person who has signed the application of a minor | 635 |
under eighteen years of age for a license
or permit subsequently | 636 |
may
surrender to the registrar the license or temporary | 637 |
instruction
permit of the minor and request that the license or | 638 |
permit be
canceled. The registrar
then
shall cancel the
license | 639 |
or
temporary
instruction permit, and the person who signed
the | 640 |
application
of
the minor shall be relieved from the liability | 641 |
imposed by
division (B) of this section. | 642 |
(D) Any minor under eighteen years of age whose
probationary | 643 |
license, restricted license, or temporary
instruction
permit is | 644 |
surrendered to the registrar by the person
who signed
the | 645 |
application for the license
or permit and whose license or | 646 |
temporary
instruction permit
subsequently
is canceled by the | 647 |
registrar
may obtain a new license or temporary instruction
permit | 648 |
without
having to undergo the examinations otherwise
required by | 649 |
sections
4507.11 and 4507.12 of the Revised Code and
without | 650 |
having to
tender the fee for
that license or
temporary
instruction | 651 |
permit, if the minor is able to produce another
parent, guardian, | 652 |
other person having custody of the minor, or
other adult, and
that | 653 |
adult is willing to assume the
liability
imposed under
division | 654 |
(B) of this section.
That adult
shall
comply
with the
procedures | 655 |
contained in division (A) of this
section. | 656 |
Section 2. That existing sections 2101.31, 2307.24,
2307.27, | 707 |
2307.30, 2313.46, 2315.07, 2315.08, 2315.18, 2315.23, 2315.24, | 708 |
4507.07, and 5703.54, all existing versions of sections
1775.14, | 709 |
2315.18, and 4171.10 in effect before, on, or
after
the
effective | 710 |
date of Am. Sub. H.B. 350 of the 121st General Assembly,
January | 711 |
27, 1997, and sections 2307.31, 2307.32, 2307.33,
2307.331, | 712 |
2315.19, 2315.20, and 2315.37 of the Revised Code are hereby | 713 |
repealed. | 714 |
Section 3. Sections 1775.14, 2101.31, 2307.011, 2307.16, | 715 |
2307.17, 2307.18, 2307.21, 2307.22, 2307.23, 2307.24, 2307.25, | 716 |
2307.26, 2307.27, 2307.28, 2307.29, 2307.30, 2313.46, 2315.05, | 717 |
2315.06,
2315.07, 2315.08, 2315.09, 2315.18, 2315.23, 2315.24, | 718 |
2315.31, 2315.32, 2315.33,
2315.34, 2315.35, 2315.36, 2315.37, | 719 |
2315.41, 2315.42, 2315.43, 2315.44, 2315.45, 2315.46, 4171.10, | 720 |
4507.07, and 5703.54 of the Revised
Code, as
amended or enacted, | 721 |
by this act, apply only to causes of
action
that accrue on or | 722 |
after the effective date of this act.
Any
cause
of action that | 723 |
accrues prior to the effective date of
this
act is
governed by the | 724 |
law in effect when the cause of action
accrued. | 725 |
Section 4. (A) Sections 1775.14, 2315.18, and 4171.10 of the | 726 |
Revised Code, as they existed immediately prior to being amended | 727 |
by Am. Sub. H.B. 350 of the 121st General Assembly, are revived | 728 |
and amended and supersede the versions of those sections repealed | 729 |
by Section 2 of this act. Sections 2315.18 and 4171.10 of the | 730 |
Revised Code also are amended to reenact the changes made to those | 731 |
sections by Am. Sub. H.B. 350. | 732 |
(B) Section 4507.07 of the Revised Code, which has been | 733 |
amended by Am. Sub. S.B. 35 of the 122nd General Assembly | 734 |
subsequent to its amendment by Am. Sub. H.B. 350 of the 121st | 735 |
General Assembly, first is amended to remove matter inserted by, | 736 |
or to revive matter removed by, Am. Sub. H.B. 350 and then is | 737 |
amended to reenact the changes made to that section by Am. Sub. | 738 |
H.B. 350. Amendments made to that section by Am. Sub. S.B. 35 are | 739 |
retained. | 740 |
(C) The revival and amendment or amendment of sections | 741 |
1775.14, 2315.18, 4171.10, and 4507.07 of the Revised Code by this | 742 |
act as described in divisions (A) and (B) of this section is in | 743 |
conformity with the Supreme Court of Ohio's decisions in
State, ex | 744 |
rel. Ohio Academy of Trial Lawyers v. Sheward (1999), 86 Ohio | 745 |
St.3d 451, and
Stevens v. Ackman (2001), 91 Ohio St.3d 182 and is | 746 |
intended to clarify the status of those sections. | 747 |