REPRESENTATIVES Seitz, Latta, Evans, Raga, Schneider, Aslanides, Collier, Niehaus, Faber, Gilb, Clancy, Schmidt, Cates, Lendrum, G. Smith, Flowers, Reidelbach, White, Damschroder, Fessler, Setzer, Wolpert, Manning, Carmichael, Olman, Calvert, Schaffer, Young, Peterson, Grendell, Jolivette, Buehrer, Carey, Hoops, Husted

To amend sections 1775.14, 2315.08, 4171.10, 4507.07,

1

and 5703.54; to enact sections 2307.011, 2307.22,

2

2307.23, 2307.24, 2307.25, 2307.26, 2307.27,

3

2307.28, 2307.29, 2315.32, 2315.33, 2315.34,

4

2315.35, 2315.36, 2315.41, 2315.42, 2315.43,

5

2315.44, 2315.45, and 2315.46; and to repeal

6

sections 2307.31, 2307.32, 2307.33, 2315.19, and

7

2315.20 of the Revised Code to modify the law

8

regarding the apportionment of liability in

9

specified civil actions.

10

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 1775.14, 2315.08, 4171.10, 4507.07,	11
and 5703.54 be amended and sections 2307.011, 2307.22, 2307.23,	12
2307.24, 2307.25, 2307.26, 2307.27, 2307.28, 2307.29, 2315.32,	13
2315.33, 2315.34, 2315.35, 2315.36, 2315.41, 2315.42, 2315.43,	14
2315.44, 2315.45, and 2315.46 of the Revised Code be enacted to	15
read as follows:	16

Sec. 1775.14.  (A) Subject to section 1339.65 of the Revised	17
Code and except as provided in division (B) of this section, all	18
partners are liable as follows:	19

(1) Jointly and severally for everything chargeable to the	20
partnership under sections 1775.12 and 1775.13 of the Revised	21
Code. This joint and several liability is not subject to division	22
(D) of section 2315.192307.22, 2315.36, or 2315.46 of the	23
Revised Code with respect to a negligence or other tort claim that	24
otherwise is subject to that sectionany of those sections.	25

(2) Jointly for all other debts and obligations of the	26
partnership, but any partner may enter into a separate obligation	27
to perform a partnership contract.	28

(B) Subject to divisions (C)(1) and (2) of this section or	29
as otherwise provided in a written agreement between the partners	30
of a registered limited liability partnership, a partner in a	31
registered limited liability partnership is not liable, directly	32
or indirectly, by way of indemnification, contribution,	33
assessment, or otherwise, for debts, obligations, or other	34
liabilities of any kind of, or chargeable to, the partnership or	35
another partner or partners arising from negligence or from	36
wrongful acts, errors, omissions, or misconduct, whether or not	37
intentional or characterized as tort, contract, or otherwise,	38
committed or occurring while the partnership is a registered	39
limited liability partnership and committed or occurring in the	40
course of the partnership business by another partner or an	41
employee, agent, or representative of the partnership.	42

(C)(1) Division (B) of this section does not affect the	43
liability of a partner in a registered limited liability	44
partnership for that partner's own negligence, wrongful acts,	45
errors, omissions, or misconduct, including that partner's own	46
negligence, wrongful acts, errors, omissions, or misconduct in	47
directly supervising any other partner or any employee, agent, or	48
representative of the partnership.	49

(2) Division (B) of this section shall not affect the	50
liability of a partner for liabilities imposed by Chapters 5735.,	51
5739., 5743., and 5747. and section 3734.908 of the Revised Code.	52

(D) A partner in a registered limited liability partnership	53
is not a proper party to an action or proceeding by or against a	54
registered limited liability partnership with respect to any debt,	55
obligation, or other liability of any kind described in division	56
(B) of this section, unless the partner is liable under divisions	57
(C)(1) and (2) of this section.	58

Sec. 2307.011. As used in Chapters 2307. and 2315. of the	59
Revised Code:	60

(A) "Conduct" means actions or omissions.

61

(B) "Contributory fault" means contributory negligence,	62
other contributory tortious conduct, comparative negligence, or	63
express or implied assumption of the risk.	64

(C) "Economic loss" means any of the following types of	65
pecuniary harm:	66

(1) All wages, salaries, or other compensation lost as a	67
result of an injury, death, or loss to person or property that is	68
a subject of a tort action, including wages, salaries, or other	69
compensation lost as of the date of a judgment and future expected	70
lost earnings;	71

(2) All expenditures for medical care or treatment,	72
rehabilitation services, or other care, treatment, services,	73
products, or accommodations incurred as a result of an injury,	74
death, or loss to person that is a subject of a tort action,	75
including expenditures for those purposes that were incurred as of	76
the date of a judgment and expenditures for those purposes that,	77
in the determination of the trier of fact, will be incurred in the	78
future because of the injury, whether paid by the injured person	79
or by another person on behalf of the injured person;	80

(3) All expenditures of a person whose property was injured	81
or destroyed or of another person on behalf of the person whose	82
property was injured or destroyed in order to repair or replace	83
the property;	84

(4) Any other expenditures incurred as a result of an	85
injury, death, or loss to person or property that is a subject of	86
a tort action, except expenditures of the injured person, the	87
person whose property was injured or destroyed, or another person	88
on behalf of the injured person or the person whose property was	89
injured or destroyed in relation to the actual preparation or	90
presentation of the claim involved.	91

(D) "Intentional tort claim" means a claim alleging that a	92
tortfeasor intentionally caused or intentionally contributed to	93
the injury or loss to person or property or the wrongful death or	94
that a tortfeasor knew or believed that the injury or loss to	95
person or property or the wrongful death was substantially certain	96
to result from the tortfeasor's conduct. As used in sections	97
2307.22, 2315.32, and 2315.42 of the Revised Code, "intentional	98
tort claim" does not include an intentional tort claim alleged by	99
an employee or the employee's legal representative against the	100
employee's employer and that arises from the tortfeasor's conduct	101
that occurs on premises owned, leased, or supervised by the	102
employer.	103

(E) "Negligence claim" means a civil action for damages for	104
injury, death, or loss to person or property to the extent that	105
the damages are sought or recovered based on allegation or proof	106
of negligence.	107

(F) "Noneconomic loss" means nonpecuniary harm that results	108
from an injury, death, or loss to person that is a subject of a	109
tort action, including, but not limited to, pain and suffering;	110
loss of society, consortium, companionship, care, assistance,	111
attention, protection, advice, guidance, counsel, instruction,	112
training, or education; mental anguish; and any other intangible	113
loss.	114

(G) "Person" has the same meaning as in division (C) of	115
section 1.59 of the Revised Code and additionally includes a	116
political subdivision and the state.	117

(H) "Persons from whom the plaintiff does not seek recovery	118
in this action" includes, but is not limited to, the following:	119

(1) Persons who have entered into a settlement agreement	120
with the plaintiff;	121

(2) Persons whom the plaintiff has dismissed from the tort	122
action without prejudice;	123

(3) Persons whom the plaintiff has dismissed from the tort	124
action with prejudice;	125

(4) Persons who are not a party to the tort action whether	126
or not that person was or could have been a party to the tort	127
action if the name of the person has been disclosed prior to	128
trial.	129

(I) "Plaintiff" includes the person for whom the plaintiff	130
is legal representative.	131

(J) "Political subdivision" and "state" have the same	132
meanings as in section 2744.01 of the Revised Code.	133

(K) "Tort action" means a civil action for damages for	134
injury, death, or loss to person or property. "Tort action"	135
includes a product liability claim but does not include a civil	136
action for damages for a breach of contract or another agreement	137
between persons.	138

(L) "Trier of fact" means the jury or, in a nonjury action,	139
the court.	140

Sec. 2307.22. (A) Subject to sections 2307.23 and 2307.24 and	141
except as provided in division (B) of section 2307.70, division	142
(B) of section 4507.07, section 4399.02, or another section of the	143
Revised Code that expressly establishes joint and several tort	144
liability for specified persons, joint and several tort liability	145
shall be determined as follows:	146

(1) In a tort action in which the trier of fact determines	147
that two or more persons proximately caused the same injury or	148
loss to person or property or the same wrongful death and in which	149
the trier of fact determines that more than fifty per cent of the	150
tortious conduct is attributable to one defendant, that defendant	151
shall be jointly and severally liable in tort for all compensatory	152
damages that represent economic loss.	153

(2) If division (A)(1) of this section is applicable, each	154
defendant who is determined by the trier of fact to be legally	155
responsible for the same injury or loss to person or property or	156
the same wrongful death and to whom fifty per cent or less of the	157
tortious conduct is attributable shall be liable to the plaintiff	158
only for that defendant's proportionate share of the compensatory	159
damages that represent economic loss. The proportionate share of a	160
defendant shall be calculated by multiplying the total amount of	161
the economic damages awarded to the plaintiff by the percentage of	162
tortious conduct as determined pursuant to section 2307.23 of the	163
Revised Code that is attributable to that defendant.	164

(3) In a tort action in which the trier of fact determines	165
that two or more persons proximately caused the same injury or	166
loss to person or property or the same wrongful death and in which	167
the trier of fact determines that fifty per cent or less of the	168
tortious conduct is attributable to any defendant against whom an	169
intentional tort claim has been alleged and established, that	170
defendant shall be jointly and severally liable in tort for all	171
compensatory damages that represent economic loss.	172

(4) If division (A)(3) of this section is applicable, each	173
defendant against whom an intentional tort claim has not been	174
alleged and established, who is determined by the trier of fact to	175
be legally responsible for the same injury or loss to person or	176
property or the same wrongful death, and to whom fifty per cent or	177
less of the tortious conduct is attributable shall be liable to	178
the plaintiff only for that defendant's proportionate share of the	179
compensatory damages that represent economic loss. The	180
proportionate share of a defendant shall be calculated by	181
multiplying the total amount of the economic damages awarded to	182
the plaintiff by the percentage of tortious conduct as determined	183
pursuant to section 2307.23 of the Revised Code that is	184
attributable to that defendant.	185

(B) Except as otherwise provided in divisions (A)(3) and (4)	186
of this section, in a tort action in which the trier of fact	187
determines that two or more persons proximately caused the same	188
injury or loss to person or property or the same wrongful death	189
and in which the trier of fact determines that fifty per cent or	190
less of the tortious conduct is attributable to each defendant,	191
each defendant shall be liable to the plaintiff only for that	192
defendant's proportionate share of the compensatory damages that	193
represent economic loss. The proportionate share of a defendant	194
shall be calculated by multiplying the total amount of the	195
economic damages awarded to the plaintiff by the percentage of	196
tortious conduct as determined pursuant to section 2307.23 of the	197
Revised Code that is attributable to that defendant.	198

(C) In a tort action in which the trier of fact determines	199
that two or more persons proximately caused the same injury or	200
loss to person or property or the same wrongful death, each	201
defendant who is determined by the trier of fact to be legally	202
responsible for the same injury or loss to person or property or	203
for the same wrongful death shall be liable to the plaintiff only	204
for that defendant's proportionate share of the compensatory	205
damages that represent noneconomic loss. The proportionate share	206
of a defendant shall be calculated by multiplying the total amount	207
of the noneconomic damages awarded to the plaintiff by the	208
percentage of tortious conduct as determined pursuant to section	209
2307.23 of the Revised Code that is attributable to that	210
defendant.	211

(D) Sections 2307.25 to 2307.29 of the Revised Code shall	212
apply to joint and several tort liability that is described in	213
division (A) of this section.	214

Sec. 2307.23. (A) In determining the percentage of tortious	215
conduct attributable to a party in a tort action under section	216
2307.22, sections 2315.32 to 2315.36, or sections 2315.41 to	217
2315.46 of the Revised Code, the court in a nonjury action shall	218
make findings of fact, and the jury in a jury action shall return	219
a general verdict accompanied by answers to interrogatories, that	220
shall specify all of the following:	221

(1) The percentage of tortious conduct that proximately	222
caused the injury or loss to person or property or the wrongful	223
death that is attributable to the plaintiff and to each party to	224
the tort action from whom the plaintiff seeks recovery in this	225
action;	226

(2) The percentage of tortious conduct that proximately	227
caused the injury or loss to person or property or the wrongful	228
death that is attributable to each person from whom the plaintiff	229
does not seek recovery in this action.	230

(B) The sum of the percentages of tortious conduct as	231
determined pursuant to division (A) of this section shall equal	232
one hundred per cent.	233

(C) For purposes of division (A)(2) of this section, it is	234
an affirmative defense for each party to the tort action from whom	235
the plaintiff seeks recovery in this action that a specific	236
percentage of the tortious conduct that proximately caused the	237
injury or loss to person or property or the wrongful death is	238
attributable to one or more persons from whom the plaintiff does	239
not seek recovery in this action. Any party to the tort action	240
from whom the plaintiff seeks recovery in this action may raise an	241
affirmative defense under this division at any time before the	242
trial of the action.	243

Sec. 2307.24. (A) Sections 2307.22 and 2307.23 of the Revised	244
Code do not affect joint and several liability that is not based	245
in tort.	246

(B) Sections 2307.22 and 2307.23 of the Revised Code do not	247
affect any other section of the Revised Code or the common law of	248
this state to the extent that the other section or common law	249
makes a principal, master, or other person vicariously liable for	250
the tortious conduct of an agent, servant, or other person. For	251
purposes of section 2307.22 of the Revised Code, a principal and	252
agent, a master and servant, or other persons having a vicarious	253
liability relationship shall constitute a single party when	254
determining percentages of tortious conduct in a tort action in	255
which vicarious liability is asserted.	256

Sec. 2307.25. (A) Except as otherwise provided in sections	257
2307.25 to 2307.28 of the Revised Code, if one or more persons are	258
jointly and severally liable in tort for the same injury or loss	259
to person or property or for the same wrongful death, there may be	260
a right of contribution even though judgment has not been	261
recovered against all or any of them. The right of contribution	262
exists only in favor of a tortfeasor who has paid more than that	263
tortfeasor's proportionate share of the common liability, and that	264
tortfeasor's total recovery is limited to the amount paid by that	265
tortfeasor in excess of that tortfeasor's proportionate share. No	266
tortfeasor may be compelled to make contribution beyond that	267
tortfeasor's own proportionate share of the common liability.	268
There is no right of contribution in favor of any tortfeasor	269
against whom an intentional tort claim has been alleged and	270
established.	271

(B) A tortfeasor who enters into a settlement with a claimant	272
is not entitled to contribution from another tortfeasor whose	273
liability for the injury or loss to person or property or the	274
wrongful death is not extinguished by the settlement, or in	275
respect to any amount paid in a settlement that is in excess of	276
what is reasonable.	277

(C) A liability insurer that by payment has discharged in	278
full or in part the liability of a tortfeasor and has discharged	279
in full by the payment its obligation as insurer is subrogated to	280
the tortfeasor's right of contribution to the extent of the amount	281
it has paid in excess of the tortfeasor's proportionate share of	282
the common liability. This division does not limit or impair any	283
right of subrogation arising from any other relationship.	284

(D) This section does not impair any right of indemnity under	285
existing law. If one tortfeasor is entitled to indemnity from	286
another, the right of the indemnity obligee is for indemnity and	287
not contribution, and the indemnity obligor is not entitled to	288
contribution from the obligee for any portion of the indemnity	289
obligation.	290

(E) This section does not apply to breaches of trust or of	291
other fiduciary obligations.	292

(F) The proportionate shares of tortfeasors in the common	293
liability shall be based upon their relative degrees of legal	294
responsibility. If equity requires the collective liability of	295
some as a group, the group shall constitute a single share, and	296
principles of equity applicable to contribution generally shall	297
apply.	298

(G) Whether or not judgment has been entered in an action	299
against two or more tortfeasors for the same injury or loss to	300
person or property or for the same wrongful death, contribution	301
may be enforced by separate action.	302

(H) Whenever the provisions of the "Federal Tort Claims Act,"	303
60 Stat. 842 (1946), 28 U.S.C. 2671 et seq., are applicable to a	304
tort and the United States is held liable in tort, the United	305
States has no right of contribution under this section against the	306
state pursuant to the waiver of sovereign immunity contained in	307
Chapter 2743. of the Revised Code.	308

Sec. 2307.26.  If a judgment that imposes joint and several	309
liability has been entered in an action against one or more	310
tortfeasors for the same injury or loss to person or property or	311
for the same wrongful death, contribution may be enforced in that	312
action by judgment in favor of one against other judgment debtors,	313
by motion, upon notice to all parties to the action. If there is	314
a judgment for the injury or loss to person or property or the	315
wrongful death against the tortfeasor seeking contribution, that	316
tortfeasor shall commence any separate action to enforce	317
contribution within one year after the judgment has become final	318
by lapse of time for appeal or after appellate review.	319

If there is no judgment for the injury or loss to person or	320
property or the wrongful death against the tortfeasor seeking	321
contribution, that tortfeasor's right of contribution is barred	322
unless either of the following applies:	323

(A) That tortfeasor has discharged by payment the common	324
liability within the statute of limitations period applicable to	325
the claimant's right of action against that tortfeasor and has	326
commenced that tortfeasor's action for contribution within one	327
year after the payment.	328

(B) That tortfeasor has agreed while an action is pending	329
against that tortfeasor to discharge the common liability and has	330
paid within one year after the agreement the common liability and	331
commenced that tortfeasor's action for contribution.	332

Sec. 2307.27. (A) The recovery of a judgment for an injury or	333
loss to person or property or a wrongful death against one	334
tortfeasor does not of itself discharge the other tortfeasors from	335
liability for the injury, loss, or wrongful death unless the	336
judgment is satisfied. The satisfaction of the judgment does not	337
impair any right of contribution.	338

(B) Valid answers to interrogatories by a jury or findings of	339
fact by a court sitting without a jury in determining the	340
percentage of liability of several defendants for an injury or	341
loss to person or property or a wrongful death shall be binding as	342
among those defendants in determining their right to contribution.	343

Sec. 2307.28. When a release or a covenant not to sue or not	344
to enforce judgment is given in good faith to one of two or more	345
persons for the same injury or loss to person or property or the	346
same wrongful death, both of the following apply:	347

(A) The release or covenant does not discharge any of the	348
other tortfeasors from liability for the injury, loss, or wrongful	349
death unless its terms otherwise provide, but it reduces the claim	350
against the other tortfeasors to the extent of the greater of any	351
amount stipulated by the release or the covenant or the amount of	352
the consideration paid for it, except that the reduction of the	353
claim against the other tortfeasors shall not apply in any case in	354
which the reduction results in the plaintiff recovering less than	355
the total amount of the plaintiff's compensatory damages awarded	356
by the trier of fact and except that in any case in which the	357
reduction does not apply the plaintiff shall not recover more than	358
the total amount of the plaintiff's compensatory damages awarded	359
by the trier of fact.	360

(B) The release or covenant discharges the person to whom it	361
is given from all liability for contribution to any other	362
tortfeasor.	363

Sec. 2307.29.  No provision of sections 2307.25 to 2307.28	364
of the Revised Code applies to a negligence or other tort claim to	365
the extent that sections 2307.22 to 2307.24, sections 2315.32 to	366
2315.36, or sections 2315.41 to 2315.46 of the Revised Code make a	367
party against whom a judgment is entered liable to the plaintiff	368
only for the proportionate share of that party as described in	369
those sections.	370

Sec. 2315.08. So far as in their nature applicable, sections	372
2315.01 to 2315.19 of the Revised Code, respectingThe provisions	373
of this chapter that apply to trials by jury, apply to trials by	374
the court.	375

Sec. 2315.32. (A) Sections 2315.32 to 2315.36 of the Revised	376
Code do not apply to tort actions based on a product liability	377
claim.	378

(B) The contributory fault of the plaintiff may be asserted	379
as an affirmative defense to a negligence claim or to a tort claim	380
other than a negligence claim, except that the contributory fault	381
of the plaintiff may not be asserted as an affirmative defense to	382
an intentional tort claim.	383

Sec. 2315.33. The contributory fault of a person does not bar	384
the person as plaintiff from recovering damages that have directly	385
and proximately resulted from the tortious conduct of one or more	386
other persons, if the contributory fault of the plaintiff was not	387
greater than the combined tortious conduct of all other persons	388
from whom the plaintiff seeks recovery in this action and of all	389
other persons from whom the plaintiff does not seek recovery in	390
this action. The court shall diminish any compensatory damages	391
recoverable by the plaintiff by an amount that is proportionately	392
equal to the percentage of tortious conduct of the plaintiff as	393
determined pursuant to section 2315.34 of the Revised Code. This	394
section does not apply to actions described in section 4113.03 of	395
the Revised Code.	396

Sec. 2315.34. If contributory fault is asserted and	397
established as an affirmative defense to a negligence claim, the	398
court in a nonjury action shall make findings of fact, and the	399
jury in a jury action shall return a general verdict accompanied	400
by answers to interrogatories, that shall specify the following:	401

(A) The total amount of the compensatory damages that would	402
have been recoverable on that negligence claim but for the	403
tortious conduct of the plaintiff;	404

(B) The portion of the compensatory damages specified under	405
division (A) of this section that represents economic loss;	406

(C) The portion of the compensatory damages specified under	407
division (A) of this section that represents noneconomic loss;	408

(D) The percentage of tortious conduct attributable to all	409
persons as determined pursuant to section 2307.23 of the Revised	410
Code.	411

Sec. 2315.35. After the court makes its findings of fact or	412
after the jury returns its general verdict accompanied by answers	413
to interrogatories as described in section 2315.34 of the Revised	414
Code, the court shall diminish the total amount of the	415
compensatory damages that would have been recoverable by an amount	416
that is proportionately equal to the percentage of tortious	417
conduct determined under section 2307.23 of the Revised Code that	418
is attributable to the plaintiff. If the percentage of the	419
tortious conduct determined to be attributable to the plaintiff	420
is greater than the sum of the percentages of the tortious conduct	421
determined to be attributable to all parties to the tort action	422
from whom the plaintiff seeks recovery plus all persons from whom	423
the plaintiff does not seek recovery in this action, the court	424
shall enter judgment in favor of the defendants.	425

Sec. 2315.36. If contributory fault is asserted as an	426
affirmative defense to a negligence claim, if it is determined	427
that the plaintiff was contributorily at fault and that	428
contributory fault was a direct and proximate cause of the injury,	429
death, or loss to person or property that is the subject of the	430
tort action, and if the plaintiff is entitled to recover	431
compensatory damages pursuant to section 2315.33 of the Revised	432
Code from more than one party, after it makes findings of fact or	433
after the jury returns its general verdict accompanied by answers	434
to interrogatories as described in section 2315.34 of the Revised	435
Code, the court shall enter a judgment that is in favor of the	436
plaintiff and that imposes liability pursuant to section 2307.22	437
of the Revised Code.	438

Sec. 2315.41. (A) As used in sections 2315.41 to 2315.46 of	439
the Revised Code, "other contributory tortious conduct" or "other	440
tortious conduct" means tortious conduct that contributes to the	441
injury, death, or loss to person or property for which the	442
plaintiff is seeking relief but does not include conduct	443
constituting express assumption of the risk or implied assumption	444
of the risk.	445

(B) Sections 2315.41 to 2315.46 of the Revised Code do not	446
apply to actions described in section 4113.03 of the Revised Code.	447

Sec. 2315.42.  (A) Express or implied assumption of the risk	448
may be asserted as an affirmative defense to a product liability	449
claim, except that express or implied assumption of the risk may	450
not be asserted as an affirmative defense to an intentional tort	451
claim.	452

(B) If express or implied assumption of the risk is asserted	453
as an affirmative defense to a product liability claim and if it	454
is determined that the plaintiff expressly or impliedly assumed a	455
risk and that the express or implied assumption of the risk was a	456
direct and proximate cause of harm for which the plaintiff seeks	457
to recover damages, the express or implied assumption of the risk	458
is a complete bar to the recovery of those damages.	459

Sec. 2315.43.  Contributory negligence or other contributory	460
tortious conduct may be asserted as an affirmative defense to a	461
product liability claim. Contributory negligence or other	462
contributory tortious conduct of a plaintiff does not bar the	463
plaintiff from recovering damages that have directly and	464
proximately resulted from the tortious conduct of one or more	465
other persons, if the contributory negligence or other	466
contributory tortious conduct of the plaintiff was not greater	467
than the combined tortious conduct of all other persons from whom	468
the plaintiff seeks recovery and of all other persons from whom	469
the plaintiff does not seek recovery in this action. The	470
compensatory damages recoverable by the plaintiff shall be	471
diminished by an amount that is proportionately equal to the	472
percentage of negligence or other tortious conduct of the	473
plaintiff, which percentage is determined pursuant to section	474
2315.44 of the Revised Code.	475

Sec. 2315.44.  If contributory negligence or other	476
contributory tortious conduct is asserted and established as an	477
affirmative defense to a product liability claim, the court in a	478
nonjury action shall make findings of fact, and the jury in a jury	479
action shall return a general verdict accompanied by answers to	480
interrogatories, that shall specify the following:	481

(A) The total amount of the compensatory damages that would	482
have been recoverable on that product liability claim but for the	483
negligence or other tortious conduct of the plaintiff;	484

(B) The portion of the compensatory damages specified under	485
division (A) of this section that represents economic loss;	486

(C) The portion of the compensatory damages specified under	487
division (A) of this section that represents noneconomic loss;	488

(D) The percentage of negligence or other tortious conduct	489
attributable to all persons as determined pursuant to section	490
2307.23 of the Revised Code.	491

Sec. 2315.45.  After the court makes its findings of fact	492
or after the jury returns its general verdict accompanied by	493
answers to interrogatories as described in section 2315.44 of the	494
Revised Code, the court shall diminish the total amount of the	495
compensatory damages that would have been recoverable by an amount	496
that is proportionately equal to the percentage of negligence or	497
other tortious conduct determined pursuant to section 2307.23 of	498
the Revised Code that is attributable to the plaintiff. If the	499
percentage of the negligence or other tortious conduct determined	500
to be attributable to the plaintiff is greater than the sum of the	501
percentages of the tortious conduct determined to be attributable	502
to all parties to the action from whom the plaintiff seeks	503
recovery plus all persons from whom the plaintiff does not seek	504
recovery in this action, the court shall enter judgment in favor	505
of the defendants.	506

Sec. 2315.46.  If contributory negligence or other	507
contributory tortious conduct is asserted as an affirmative	508
defense to a product liability claim, if it is determined that the	509
plaintiff was contributorily negligent or engaged in other	510
contributory tortious conduct and that the contributory negligence	511
or other contributory tortious conduct was a direct and proximate	512
cause of the injury, death, or loss to person or property	513
involved, and if the plaintiff is entitled to recover compensatory	514
damages pursuant to this section from more than one party, after	515
it makes findings of fact or after the jury returns its general	516
verdict accompanied by answers to interrogatories as described in	517
section 2315.44 of the Revised Code, the court shall enter a	518
judgment that is in favor of the plaintiff and that imposes	519
liability pursuant to section 2307.22 of the Revised Code.	520

Sec. 4171.10.  The express assumption of risk set forth in	521
section 4171.09 of the Revised Code shall serve as a complete	522
defense toin a suittort or other civil action against an	523
operator by a roller skater for injuries resulting from the	524
assumed risks of roller skating. The comparative negligence or	525
other tort provisions of section 2315.19sections 2315.32 to	526
2315.36 of the Revised Code shall not apply unless the operator	527
has breached the operator's duties pursuant to sections 4171.06	528
and 4171.07 of the Revised Code.	529

Sec. 4507.07.  (A) The registrar of motor vehicles shall not	530
grant the application of any minor under eighteen years of age for	531
a probationary license, a restricted license, or a temporary	532
instruction permit, unless the application is signed by one of the	533
minor's parents, the minor's guardian, another person having	534
custody of the applicant, or, if there is no parent or guardian, a	535
responsible person who is willing to assume the obligation imposed	536
under this section.	537

At the time a minor under eighteen years of age submits an	538
application for a license or permit at a driver's license	539
examining station, the adult who signs the application shall	540
present identification establishing that the adult is the	541
individual whose signature appears on the application. The	542
registrar shall prescribe, by rule, the types of identification	543
that are suitable for the purposes of this paragraph. If the	544
adult who signs the application does not provide identification as	545
required by this paragraph, the application shall not be accepted.	546

When a minor under eighteen years of age applies for a	547
probationary license, a restricted license, or a temporary	548
instruction permit, the registrar shall give the adult who signs	549
the application notice of the potential liability that may be	550
imputed to the adult pursuant to division (B) of this section and	551
notice of how the adult may prevent any liability from being	552
imputed to the adult pursuant to that division.	553

(B) Any negligence, or willful or wanton misconduct, that is	554
committed by a minor under eighteen years of age when driving a	555
motor vehicle upon a highway shall be imputed to the person who	556
has signed the application of the minor for a probationary	557
license, restricted license, or temporary instruction permit,	558
which person shall be jointly and severally liable with the minor	559
for any damages caused by the negligence or the willful or wanton	560
misconduct. This joint and several liability is not subject to	561
division (D) of section 2315.192307.22, 2315.36, or 2315.46 of	562
the Revised Code with respect to a negligence claim that	563
otherwise is subject to that section.	564

There shall be no imputed liability imposed under this	565
division if a minor under eighteen years of age has proof of	566
financial responsibility with respect to the operation of a motor	567
vehicle owned by the minor or, if the minor is not the owner of a	568
motor vehicle, with respect to the minor's operation of any motor	569
vehicle, in the form and in the amounts required under Chapter	570
4509. of the Revised Code.	571

(C) Any person who has signed the application of a minor	572
under eighteen years of age for a license or permit subsequently	573
may surrender to the registrar the license or temporary	574
instruction permit of the minor and request that the license or	575
permit be canceled. The registrar then shall cancel the license	576
or temporary instruction permit, and the person who signed the	577
application of the minor shall be relieved from the liability	578
imposed by division (B) of this section.	579

(D) Any minor under eighteen years of age whose probationary	580
license, restricted license, or temporary instruction permit is	581
surrendered to the registrar by the person who signed the	582
application for the license or permit and whose license or	583
temporary instruction permit subsequently is canceled by the	584
registrar may obtain a new license or temporary instruction permit	585
without having to undergo the examinations otherwise required by	586
sections 4507.11 and 4507.12 of the Revised Code and without	587
having to tender the fee for that license or temporary instruction	588
permit, if the minor is able to produce another parent, guardian,	589
other person having custody of the minor, or other adult, and that	590
adult is willing to assume the liability imposed under division	591
(B) of this section. That adult shall comply with the procedures	592
contained in division (A) of this section.	593

Sec. 5703.54.  (A) A taxpayer aggrieved by an action or	594
omission of an officer or employee of the department of taxation	595
may bring an action for damages in the court of claims pursuant to	596
Chapter 2734. of the Revised Code, if all of the following apply:	597

(1) In the action or omission the officer or employee	598
frivolously disregards a provision of Chapter 5711., 5733., 5739.,	599
5741., or 5747. of the Revised Code or a rule of the tax	600
commissioner adopted under authority of one of those chapters;	601

(2) The action or omission occurred with respect to an audit	602
or assessment and the review and collection proceedings connected	603
with the audit or assessment;	604

(3) The officer or employee did not act manifestly outside	605
the scope of histhe officer's or employee's office or employment	606
and did not act with malicious purpose, in bad faith, or in a	607
wanton or reckless manner.	608

(B) In any action brought under division (A) of this	609
section, upon a finding of liability on the part of the state, the	610
state shall be liable to the taxpayer in an amount equal to the	611
sum of the following:	612

(1) Compensatory damages sustained by the taxpayer as a	613
result of the action or omission by the department's officer or	614
employee;	615

(2) Reasonable costs of litigation and attorneys fees	616
sustained by the taxpayer.	617

(C) In the awarding of damages under division (B) of this	618
section, the court shall take into account the negligent actions	619
or omissions, if any, on the part of the taxpayer that contributed	620
to the damages, but shall not be bound by the provisions of	621
section 2315.19sections 2315.32 to 2315.36 of the Revised Code.	622

(D) Whenever it appears to the court that a taxpayer's	623
conduct in the proceedings brought under division (A) of this	624
section is frivolous, the court may impose a penalty against the	625
taxpayer in an amount not to exceed ten thousand dollars which	626
shall be paid to the general revenue fund of the state.	627

(E)(1) Division (A) of this section does not apply to	628
advisory opinions or other informational functions of an officer	629
or employee of the department.	630

(2) Division (A) of this section does not authorize a	631
taxpayer to bring an action for damages based on an action or	632
omission of a county auditor or an employee of a county auditor.	633

(F) As used in this section, "frivolous" means that the	634
conduct of the commissioner, or of the taxpayer or histhe	635
taxpayer's counsel of record satisfies either of the following:	636

(1) It obviously serves merely to harass or maliciously	637
injure the state or its employees or officers if referring to the	638
conduct of a taxpayer, or to harass or maliciously injure the	639
taxpayer if referring to the conduct of the tax commissioner;	640

(2) It is not warranted under existing law and cannot be	641
supported by a good faith argument for an extension, modification,	642
or reversal of existing law.	643

Section 2. That existing sections 1775.14, 2315.08, 4171.10,	644
4507.07, and 5703.54 and sections 2307.31, 2307.32, 2307.33,	645
2315.19, and 2315.20 of the Revised Code are hereby repealed.	646

Section 3. Sections 1775.14, 2307.011, 2307.22, 2307.23,	647
2307.24, 2307.25, 2307.26, 2307.27, 2307.28, 2307.29, 2315.32,	648
2315.33, 2315.34, 2315.35, 2315.36, 2315.41, 2315.42, 2315.43,	649
2315.44, 2315.45, 2315.46, 4171.10, 4507.07, and 5703.54 of the	650
Revised Code, as amended or enacted, by this act, apply only to	651
causes of action that accrue on or after the effective date of	652
this act. Any cause of action that accrues prior to the effective	653
date of this act is governed by the law in effect when the cause	654
of action accrued.	655