REPRESENTATIVES Seitz, Latta

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, 2307.82, 2315.32, 2315.33,

4

2315.34, 2315.35, 2315.36, 2315.41, 2315.42,

5

2315.43, 2315.44, 2315.45, 2315.46, and 2315.47;

6

and to repeal sections 2307.31, 2307.32, 2307.33,

7

2315.19, and 2315.20 of the Revised Code to modify

8

the law 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, 2307.82,	13
2315.32, 2315.33, 2315.34, 2315.35, 2315.36, 2315.41, 2315.42,	14
2315.43, 2315.44, 2315.45, 2315.46, and 2315.47 of the Revised	15
Code be enacted to 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, 2315.45, or 2315.46 of	23
the Revised Code with respect to a negligence or other tort claim	24
that 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 unless specifically provided otherwise:	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, 2315.42, and 2315.45 of the Revised Code,	98
"intentional tort claim" does not include an intentional tort	99
claim alleged by an employee or the employee's legal	100
representative against the employee's employer and that arises	101
from the tortfeasor's conduct that occurs on premises owned,	102
leased, or supervised by the 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)(1) "Tort action" means a civil action for damages for	134
injury, death, or loss to person or property.	135

(2) "Tort action" includes any of the following:

136

(a) A product liability claim brought under sections 2307.71	137
to 2307.80 of the Revised Code and based on a product's defective	138
design or formulation as described in section 2307.75 of the	139
Revised Code;	140

(b) A product liability claim brought under sections 2307.71	141
to 2307.80 of the Revised Code and based on a defective product	142
because of inadequate warning or instruction as described in	143
section 2307.76 of the Revised Code;	144

(c) A product liability claim that is described in division	145
(K)(3)(a) or (b) of this section and that pursuant to section	146
2315.47 of the Revised Code is governed by sections 2307.22 to	147
2307.29 and 2315.32 to 2315.36 of the Revised Code.	148

(3) "Tort action" does not include any of the following:

149

(a) Except as provided in division (K)(2)(c) of this section,	150
a product liability claim brought under sections 2307.71 to	151
2307.80 of the Revised Code and based upon a product's defective	152
manufacture or construction as described in section 2307.74 of the	153
Revised Code;	154

(b) Except as provided in division (K)(2)(c) of this section,	155
a product liability claim brought under sections 2307.71 to	156
2307.80 of the Revised Code and based upon a defective product	157
because it did not conform to a representation made by its	158
manufacturer as described in section 2307.77 of the Revised Code;	159

(c) A civil action for damages for a breach of contract or	160
another agreement between persons.	161

(L) "Trier of fact" means the jury or, in a nonjury action,	162
the court.	163

Sec. 2307.22. (A) Subject to sections 2307.23 and 2307.24 and	164
except as provided in division (B) of section 2307.70, division	165
(B) of section 4507.07, section 4399.02, or another section of the	166
Revised Code that expressly establishes joint and several tort	167
liability for specified persons, joint and several tort liability	168
shall be determined as follows:	169

(1) In a tort action in which the trier of fact determines	170
that two or more persons proximately caused the same injury or	171
loss to person or property or the same wrongful death and in which	172
the trier of fact determines that more than fifty per cent of the	173
tortious conduct is attributable to one defendant, that defendant	174
shall be jointly and severally liable in tort for all compensatory	175
damages that represent economic loss.	176

(2) If division (A)(1) of this section is applicable, each	177
defendant who is determined by the trier of fact to be legally	178
responsible for the same injury or loss to person or property or	179
the same wrongful death and to whom fifty per cent or less of the	180
tortious conduct is attributable shall be liable to the plaintiff	181
only for that defendant's proportionate share of the compensatory	182
damages that represent economic loss. The proportionate share of a	183
defendant shall be calculated by multiplying the total amount of	184
the economic damages awarded to the plaintiff by the percentage of	185
tortious conduct as determined pursuant to section 2307.23 of the	186
Revised Code that is attributable to that defendant.	187

(3) In a tort action in which the trier of fact determines	188
that two or more persons proximately caused the same injury or	189
loss to person or property or the same wrongful death and in which	190
the trier of fact determines that fifty per cent or less of the	191
tortious conduct is attributable to any defendant against whom an	192
intentional tort claim has been alleged and established, that	193
defendant shall be jointly and severally liable in tort for all	194
compensatory damages that represent economic loss.	195

(4) If division (A)(3) of this section is applicable, each	196
defendant against whom an intentional tort claim has not been	197
alleged and established, who is determined by the trier of fact to	198
be legally responsible for the same injury or loss to person or	199
property or the same wrongful death, and to whom fifty per cent or	200
less of the tortious conduct is attributable shall be liable to	201
the plaintiff only for that defendant's proportionate share of the	202
compensatory damages that represent economic loss. The	203
proportionate share of a defendant shall be calculated by	204
multiplying the total amount of the economic damages awarded to	205
the plaintiff by the percentage of tortious conduct as determined	206
pursuant to section 2307.23 of the Revised Code that is	207
attributable to that defendant.	208

(B) Except as otherwise provided in divisions (A)(3) and (4)	209
of this section, in a tort action in which the trier of fact	210
determines that two or more persons proximately caused the same	211
injury or loss to person or property or the same wrongful death	212
and in which the trier of fact determines that fifty per cent or	213
less of the tortious conduct is attributable to each defendant,	214
each defendant shall be liable to the plaintiff only for that	215
defendant's proportionate share of the compensatory damages that	216
represent economic loss. The proportionate share of a defendant	217
shall be calculated by multiplying the total amount of the	218
economic damages awarded to the plaintiff by the percentage of	219
tortious conduct as determined pursuant to section 2307.23 of the	220
Revised Code that is attributable to that defendant.	221

(C) In a tort action in which the trier of fact determines	222
that two or more persons proximately caused the same injury or	223
loss to person or property or the same wrongful death, each	224
defendant who is determined by the trier of fact to be legally	225
responsible for the same injury or loss to person or property or	226
for the same wrongful death shall be liable to the plaintiff only	227
for that defendant's proportionate share of the compensatory	228
damages that represent noneconomic loss. The proportionate share	229
of a defendant shall be calculated by multiplying the total amount	230
of the noneconomic damages awarded to the plaintiff by the	231
percentage of tortious conduct as determined pursuant to section	232
2307.23 of the Revised Code that is attributable to that	233
defendant.	234

(D) Sections 2307.25 to 2307.29 of the Revised Code shall	235
apply to joint and several tort liability that is described in	236
division (A) of this section.	237

Sec. 2307.23. (A) In determining the percentage of tortious	238
conduct attributable to a party in a tort action under section	239
2307.22 or sections 2315.32 to 2315.36 of the Revised Code, the	240
court in a nonjury action shall make findings of fact, and the	241
jury in a jury action shall return a general verdict accompanied	242
by answers to interrogatories, that shall specify all of the	243
following:	244

(1) The percentage of tortious conduct that proximately	245
caused the injury or loss to person or property or the wrongful	246
death that is attributable to the plaintiff and to each party to	247
the tort action from whom the plaintiff seeks recovery in this	248
action;	249

(2) The percentage of tortious conduct that proximately	250
caused the injury or loss to person or property or the wrongful	251
death that is attributable to each person from whom the plaintiff	252
does not seek recovery in this action.	253

(B) The sum of the percentages of tortious conduct as	254
determined pursuant to division (A) of this section shall equal	255
one hundred per cent.	256

(C) For purposes of division (A)(2) of this section, it is	257
an affirmative defense for each party to the tort action from whom	258
the plaintiff seeks recovery in this action that a specific	259
percentage of the tortious conduct that proximately caused the	260
injury or loss to person or property or the wrongful death is	261
attributable to one or more persons from whom the plaintiff does	262
not seek recovery in this action. Any party to the tort action	263
from whom the plaintiff seeks recovery in this action may raise an	264
affirmative defense under this division at any time before the	265
trial of the action.	266

Sec. 2307.24. (A) Sections 2307.22 and 2307.23 of the Revised	267
Code do not affect joint and several liability that is not based	268
in tort.	269

(B) Sections 2307.22 and 2307.23 of the Revised Code do not	270
affect any other section of the Revised Code or the common law of	271
this state to the extent that the other section or common law	272
makes a principal, master, or other person vicariously liable for	273
the tortious conduct of an agent, servant, or other person. For	274
purposes of section 2307.22 of the Revised Code, a principal and	275
agent, a master and servant, or other persons having a vicarious	276
liability relationship shall constitute a single party when	277
determining percentages of tortious conduct in a tort action in	278
which vicarious liability is asserted.	279

Sec. 2307.25. (A) Except as otherwise provided in sections	280
2307.25 to 2307.28 of the Revised Code, if one or more persons are	281
jointly and severally liable in tort for the same injury or loss	282
to person or property or for the same wrongful death, there may be	283
a right of contribution even though judgment has not been	284
recovered against all or any of them. The right of contribution	285
exists only in favor of a tortfeasor who has paid more than that	286
tortfeasor's proportionate share of the common liability, and that	287
tortfeasor's total recovery is limited to the amount paid by that	288
tortfeasor in excess of that tortfeasor's proportionate share. No	289
tortfeasor may be compelled to make contribution beyond that	290
tortfeasor's own proportionate share of the common liability.	291
There is no right of contribution in favor of any tortfeasor	292
against whom an intentional tort claim has been alleged and	293
established.	294

(B) A tortfeasor who enters into a settlement with a claimant	295
is not entitled to contribution from another tortfeasor whose	296
liability for the injury or loss to person or property or the	297
wrongful death is not extinguished by the settlement, or in	298
respect to any amount paid in a settlement that is in excess of	299
what is reasonable.	300

(C) A liability insurer that by payment has discharged in	301
full or in part the liability of a tortfeasor and has discharged	302
in full by the payment its obligation as insurer is subrogated to	303
the tortfeasor's right of contribution to the extent of the amount	304
it has paid in excess of the tortfeasor's proportionate share of	305
the common liability. This division does not limit or impair any	306
right of subrogation arising from any other relationship.	307

(D) This section does not impair any right of indemnity under	308
existing law. If one tortfeasor is entitled to indemnity from	309
another, the right of the indemnity obligee is for indemnity and	310
not contribution, and the indemnity obligor is not entitled to	311
contribution from the obligee for any portion of the indemnity	312
obligation.	313

(E) This section does not apply to breaches of trust or of	314
other fiduciary obligations.	315

(F) The proportionate shares of tortfeasors in the common	316
liability shall be based upon their relative degrees of legal	317
responsibility. If equity requires the collective liability of	318
some as a group, the group shall constitute a single share, and	319
principles of equity applicable to contribution generally shall	320
apply.	321

(G) Whether or not judgment has been entered in an action	322
against two or more tortfeasors for the same injury or loss to	323
person or property or for the same wrongful death, contribution	324
may be enforced by separate action.	325

(H) Whenever the provisions of the "Federal Tort Claims Act,"	326
60 Stat. 842 (1946), 28 U.S.C. 2671 et seq., are applicable to a	327
tort and the United States is held liable in tort, the United	328
States has no right of contribution under this section against the	329
state pursuant to the waiver of sovereign immunity contained in	330
Chapter 2743. of the Revised Code.	331

Sec. 2307.26.  If a judgment that imposes joint and several	332
liability has been entered in an action against one or more	333
tortfeasors for the same injury or loss to person or property or	334
for the same wrongful death, contribution may be enforced in that	335
action by judgment in favor of one against other judgment debtors,	336
by motion, upon notice to all parties to the action. If there is	337
a judgment for the injury or loss to person or property or the	338
wrongful death against the tortfeasor seeking contribution, that	339
tortfeasor shall commence any separate action to enforce	340
contribution within one year after the judgment has become final	341
by lapse of time for appeal or after appellate review.	342

If there is no judgment for the injury or loss to person or	343
property or the wrongful death against the tortfeasor seeking	344
contribution, that tortfeasor's right of contribution is barred	345
unless either of the following applies:	346

(A) That tortfeasor has discharged by payment the common	347
liability within the statute of limitations period applicable to	348
the claimant's right of action against that tortfeasor and has	349
commenced that tortfeasor's action for contribution within one	350
year after the payment.	351

(B) That tortfeasor has agreed while an action is pending	352
against that tortfeasor to discharge the common liability and has	353
paid within one year after the agreement the common liability and	354
commenced that tortfeasor's action for contribution.	355

Sec. 2307.27. (A) The recovery of a judgment for an injury or	356
loss to person or property or a wrongful death against one	357
tortfeasor does not of itself discharge the other tortfeasors from	358
liability for the injury, loss, or wrongful death unless the	359
judgment is satisfied. The satisfaction of the judgment does not	360
impair any right of contribution.	361

(B) Valid answers to interrogatories by a jury or findings of	362
fact by a court sitting without a jury in determining the	363
percentage of liability of several defendants for an injury or	364
loss to person or property or a wrongful death shall be binding as	365
among those defendants in determining their right to contribution.	366

Sec. 2307.28. When a release or a covenant not to sue or not	367
to enforce judgment is given in good faith to one of two or more	368
persons for the same injury or loss to person or property or the	369
same wrongful death, both of the following apply:	370

(A) The release or covenant does not discharge any of the	371
other tortfeasors from liability for the injury, loss, or wrongful	372
death unless its terms otherwise provide, but it reduces the claim	373
against the other tortfeasors to the extent of the greater of any	374
amount stipulated by the release or the covenant or the amount of	375
the consideration paid for it, except that the reduction of the	376
claim against the other tortfeasors shall not apply in any case in	377
which the reduction results in the plaintiff recovering less than	378
the total amount of the plaintiff's compensatory damages awarded	379
by the trier of fact and except that in any case in which the	380
reduction does not apply the plaintiff shall not recover more than	381
the total amount of the plaintiff's compensatory damages awarded	382
by the trier of fact.	383

(B) The release or covenant discharges the person to whom it	384
is given from all liability for contribution to any other	385
tortfeasor.	386

Sec. 2307.29.  No provision of sections 2307.25 to 2307.28	387
of the Revised Code applies to a negligence or other tort claim to	388
the extent that sections 2307.22 to 2307.24 or sections 2315.32 to	389
2315.36 of the Revised Code make a party against whom a judgment	390
is entered liable to the plaintiff only for the proportionate	391
share of that party as described in those sections.	392

Sec. 2307.82. No cause of action may exist as a product	393
liability claim unless it is defined and governed by sections	394
2307.71 to 2307.80 of the Revised Code.	395

Sec. 2315.08. So far as in their nature applicable, sections	396
2315.01 to 2315.19 of the Revised Code, respectingThe provisions	397
of this chapter that apply to trials by jury, apply to trials by	398
the court.	399

Sec. 2315.32. (A) Sections 2315.32 to 2315.36 of the Revised	400
Code do not apply to any of the following:	401

(1) A product liability claim brought under sections	402
2307.71 to 2307.80 of the Revised Code and based upon a product's	403
defective manufacture or construction as described in section	404
2307.74 of the Revised Code;	405

(2) A product liability claim brought under sections 2307.71	406
to 2307.80 of the Revised Code and based upon a defective product	407
because it did not conform to a representation made by its	408
manufacturer as described in section 2307.77 of the Revised Code.	409

(B) Except as provided in division (C) of this section, the	410
contributory fault of the plaintiff may be asserted as an	411
affirmative defense to a negligence claim or to a tort claim other	412
than a negligence claim.	413

(C) The contributory fault of the plaintiff may not be	414
asserted as an affirmative defense to any of the following:	415

(1) An intentional tort claim;

416

(2) A product liability claim brought under sections 2307.71	417
to 2307.80 of the Revised Code and based upon a product's	418
defective manufacture or construction as described in section	419
2307.74 of the Revised Code;	420

(3) A product liability claim brought under sections 2307.71	421
to 2307.80 of the Revised Code and based upon a defective product	422
because it did not conform to a representation made by its	423
manufacturer as described in section 2307.77 of the Revised Code.	424

Sec. 2315.33. The contributory fault of a person does not bar	425
the person as plaintiff from recovering damages that have directly	426
and proximately resulted from the tortious conduct of one or more	427
other persons, if the contributory fault of the plaintiff was not	428
greater than the combined tortious conduct of all other persons	429
from whom the plaintiff seeks recovery in this action and of all	430
other persons from whom the plaintiff does not seek recovery in	431
this action. The court shall diminish any compensatory damages	432
recoverable by the plaintiff by an amount that is proportionately	433
equal to the percentage of tortious conduct of the plaintiff as	434
determined pursuant to section 2315.34 of the Revised Code. This	435
section does not apply to actions described in section 4113.03 of	436
the Revised Code.	437

Sec. 2315.34. If contributory fault is asserted and	438
established as an affirmative defense to a negligence claim, the	439
court in a nonjury action shall make findings of fact, and the	440
jury in a jury action shall return a general verdict accompanied	441
by answers to interrogatories, that shall specify the following:	442

(A) The total amount of the compensatory damages that would	443
have been recoverable on that negligence claim but for the	444
tortious conduct of the plaintiff;	445

(B) The portion of the compensatory damages specified under	446
division (A) of this section that represents economic loss;	447

(C) The portion of the compensatory damages specified under	448
division (A) of this section that represents noneconomic loss;	449

(D) The percentage of tortious conduct attributable to all	450
persons as determined pursuant to section 2307.23 of the Revised	451
Code.	452

Sec. 2315.35. After the court makes its findings of fact or	453
after the jury returns its general verdict accompanied by answers	454
to interrogatories as described in section 2315.34 of the Revised	455
Code, the court shall diminish the total amount of the	456
compensatory damages that would have been recoverable by an amount	457
that is proportionately equal to the percentage of tortious	458
conduct determined under section 2307.23 of the Revised Code that	459
is attributable to the plaintiff. If the percentage of the	460
tortious conduct determined to be attributable to the plaintiff	461
is greater than the sum of the percentages of the tortious conduct	462
determined to be attributable to all parties to the tort action	463
from whom the plaintiff seeks recovery plus all persons from whom	464
the plaintiff does not seek recovery in this action, the court	465
shall enter judgment in favor of the defendants.	466

Sec. 2315.36. If contributory fault is asserted as an	467
affirmative defense to a negligence claim, if it is determined	468
that the plaintiff was contributorily at fault and that	469
contributory fault was a direct and proximate cause of the injury,	470
death, or loss to person or property that is the subject of the	471
tort action, and if the plaintiff is entitled to recover	472
compensatory damages pursuant to section 2315.33 of the Revised	473
Code from more than one party, after it makes findings of fact or	474
after the jury returns its general verdict accompanied by answers	475
to interrogatories as described in section 2315.34 of the Revised	476
Code, the court shall enter a judgment that is in favor of the	477
plaintiff and that imposes liability pursuant to section 2307.22	478
of the Revised Code.	479

Sec. 2315.41. (A) As used in sections 2315.41 to 2315.46 of	480
the Revised Code:	481

(1) "Economic loss" means any of the following types of	482
pecuniary harm:	483

(a) All wages, salaries, or other compensation lost as a	484
result of an injury, death, or loss to person or property that is	485
a subject of a strict liability product liability action,	486
including wages, salaries, or other compensation lost as of the	487
date of a judgment and future expected lost earnings;	488

(b) All expenditures for medical care or treatment,	489
rehabilitation services, or other care, treatment, services,	490
products, or accommodations incurred as a result of an injury,	491
death, or loss to person that is a subject of a strict liability	492
product liability action, including expenditures for those	493
purposes that were incurred as of the date of a judgment and	494
expenditures for those purposes that, in the determination of the	495
trier of fact, will be incurred in the future because of the	496
injury, whether paid by the injured person or by another person on	497
behalf of the injured person;	498

(c) All expenditures of a person whose property was injured	499
or destroyed or of another person on behalf of the person whose	500
property was injured or destroyed in order to repair or replace	501
the property;	502

(d) Any other expenditures incurred as a result of an injury,	503
death, or loss to person or property that is a subject of a strict	504
liability product liability action, except expenditures of the	505
injured person, the person whose property was injured or	506
destroyed, or another person on behalf of the injured person or	507
the person whose property was injured or destroyed in relation to	508
the actual preparation or presentation of the claim involved.	509

(2) "Noneconomic loss" means nonpecuniary harm that results	510
from an injury, death, or loss to person that is a subject of a	511
strict liability product liability action, including, but not	512
limited to, pain and suffering; loss of society, consortium,	513
companionship, care, assistance, attention, protection, advice,	514
guidance, counsel, instruction, training, or education; mental	515
anguish; and any other intangible loss.	516

(3) "Other contributory tortious conduct" or "other tortious	517
conduct" means tortious conduct that contributes to the injury,	518
death, or loss to person or property for which the plaintiff is	519
seeking relief but does not include conduct constituting express	520
assumption of the risk or implied assumption of the risk.	521

(4)(a) "Product liability claim" includes any of the	522
following:	523

(i) A product liability claim brought under sections 2307.71	524
to 2307.80 of the Revised Code and based upon a product's	525
defective manufacture or construction as described in section	526
2307.74 of the Revised Code;	527

(ii) A product liability claim brought under sections 2307.71	528
to 2307.80 of the Revised Code and based upon a defective product	529
because it did not conform to a representation made by its	530
manufacturer as described in section 2307.77 of the Revised Code.	531

(b) "Product liability claim" does not include any of the	532
following:	533

(i) A product liability claim brought under sections 2307.71	534
to 2307.80 of the Revised Code and based on a product's defective	535
design or formulation as described in section 2307.75 of the	536
Revised Code;	537

(ii) A product liability claim brought under sections 2307.71	538
to 2307.80 of the Revised Code and based on a defective product	539
because of inadequate warning or instruction as described in	540
section 2307.76 of the Revised Code.	541

(5)(a) "Strict liability product liability action" means an	542
action that includes only product liability claims brought under	543
sections 2307.71 to 2307.80 of the Revised Code and based upon	544
either a product's defective manufacture or construction as	545
described in section 2307.74 of the Revised Code or a defective	546
product because it did not conform to a representation made by its	547
manufacturer as described in section 2307.77 of the Revised Code.	548

(b) "Strict liability product liability action" does not	549
include any action that includes a product liability claim brought	550
under sections 2307.71 to 2307.80 of the Revised Code and based	551
upon either a product's defective design or formulation as	552
described in section 2307.75 of the Revised Code or a defective	553
product because of inadequate warning or instruction as described	554
in section 2307.76 of the Revised Code.	555

(B) Sections 2315.41 to 2315.46 of the Revised Code do not	556
apply to actions described in section 4113.03 of the Revised Code.	557

Sec. 2315.42.  (A) Express or implied assumption of the risk	558
may be asserted as an affirmative defense to a product liability	559
claim, except that express or implied assumption of the risk may	560
not be asserted as an affirmative defense to an intentional tort	561
claim.	562

(B) If express or implied assumption of the risk is asserted	563
as an affirmative defense to a product liability claim and if it	564
is determined that the plaintiff expressly or impliedly assumed a	565
risk and that the express or implied assumption of the risk was a	566
direct and proximate cause of harm for which the plaintiff seeks	567
to recover damages, the express or implied assumption of the risk	568
is a complete bar to the recovery of those damages.	569

Sec. 2315.43.  Contributory negligence or other contributory	570
tortious conduct may not be asserted as an affirmative defense to	571
a strict liability product liability claim.	572

Sec. 2315.44.  (A)(1) The trier of fact in a strict	573
liability product liability action shall determine the liability	574
of the defendants and the persons from whom the plaintiff does not	575
seek recovery in this action who are liable to the plaintiff and	576
the amount of damages to which the plaintiff is entitled in the	577
action pursuant to sections 2307.71 to 2307.80 of the Revised	578
Code. After the trier of fact has determined the liability of the	579
defendants and other persons and the amount of the plaintiff's	580
damages, the trier of fact shall determine in accordance with	581
sections 2307.71 to 2307.80 of the Revised Code the relative	582
responsibility for the plaintiff's damages among the defendants	583
who are liable to the plaintiff and the persons from whom the	584
plaintiff does not seek recovery in this action who are liable to	585
the plaintiff.	586

(2) For purposes of division (A)(1) of this section, it is	587
an affirmative defense for each party to the strict liability	588
product liability action from whom the plaintiff seeks recovery in	589
this action that a specific percentage of the responsibility for	590
the plaintiff's damages is attributable to one or more persons	591
from whom the plaintiff does not seek recovery in this action. Any	592
party to the strict liability product liability action from whom	593
the plaintiff seeks recovery in this action may raise an	594
affirmative defense under this division at any time before the	595
trial of the action.	596

(B) If the trier of fact determines in accordance with	597
division (A)(1) of this section that two or more persons are	598
liable for the plaintiff's damages in a strict liability product	599
liability action brought pursuant to sections 2307.71 to 2307.80	600
of the Revised Code, joint and several liability shall be	601
determined as follows:	602

(1) If the trier of fact determines that two or more persons	603
are liable for the plaintiff's damages and determines that one	604
defendant is responsible for more than fifty per cent of those	605
damages, that defendant shall be jointly and severally liable for	606
all of the plaintiff's damages that represent economic loss.	607

(2) If division (B)(1) of this section applies, each	608
defendant whom the trier of fact determined is responsible for the	609
plaintiff's damages and whom the trier of fact determined to be	610
responsible for fifty per cent or less of the plaintiff's damages	611
shall be liable to the plaintiff only for that defendant's	612
proportionate share of the plaintiff's damages that represent	613
economic loss. The trier of fact shall determine each defendant's	614
proportionate share of the plaintiff's damages pursuant to	615
sections 2307.71 to 2307.80 of the Revised Code.	616

(C) In a strict liability product liability action in which	617
the trier of fact determines that two or more persons are liable	618
for the plaintiff's damages and in which the trier of fact	619
determines that each defendant is responsible for fifty or less	620
per cent of the plaintiff's damages, each defendant shall be	621
liable to the plaintiff only for the defendant's proportionate	622
share of the plaintiff's damages that represent economic loss. The	623
trier of fact shall determine each defendant's proportionate share	624
of the plaintiff's damages pursuant to sections 2307.71 to 2307.80	625
of the Revised Code.	626

(D) In a strict liability product liability action in which	627
the trier of fact determines that two or more persons are liable	628
for the plaintiff's damages, each defendant shall be liable to the	629
plaintiff only for that defendant's proportionate share of the	630
plaintiff's damages that represent noneconomic loss. The trier of	631
fact shall determine each defendant's proportionate share of the	632
plaintiff's damages pursuant to sections 2307.71 to 2307.80 of the	633
Revised Code.	634

Sec. 2315.45. (A) If one or more persons are jointly and	635
severally liable in a strict liability product liability action	636
for the plaintiff's damages, there may be a right of contribution	637
even though judgment has not been recovered against all or any of	638
them. The right of contribution exists only in favor of a	639
defendant that has paid more than that defendant's proportionate	640
share of the plaintiff's damages, and that defendant's total	641
recovery is limited to the amount paid by that defendant in excess	642
of that defendant's proportionate share. No defendant may be	643
compelled to make contribution beyond that defendant's own	644
proportionate share of the plaintiff's damages. There is no right	645
of contribution in favor of any defendant against whom an	646
intentional tort claim has been alleged and established.	647

(B) A defendant who enters into a settlement with a claimant	648
is not entitled to contribution from another defendant whose	649
liability for the plaintiff's damages is not extinguished by the	650
settlement, or in respect to any amount paid in a settlement that	651
is in excess of what is reasonable.	652

(C) A liability insurer that by payment has discharged in	653
full or in part the liability of a defendant and has discharged in	654
full by the payment its obligation as insurer is subrogated to the	655
defendant's right of contribution to the extent of the amount it	656
has paid in excess of the defendant's proportionate share of the	657
plaintiff's damages. This division does not limit or impair any	658
right of subrogation arising from any other relationship.	659

(D) This section does not impair any right of indemnity under	660
existing law. If one defendant is entitled to indemnity from	661
another, the right of the indemnity obligee is for indemnity and	662
not contribution, and the indemnity obligor is not entitled to	663
contribution from the obligee for any portion of the indemnity	664
obligation.	665

(E) This section does not apply to breaches of trust or of	666
other fiduciary obligations.	667

(F) The proportionate shares of defendants in the plaintiff's	668
damages shall be determined pursuant to sections 2307.71 to	669
2307.80 of the Revised Code. If equity requires the collective	670
liability of some as a group, the group shall constitute a single	671
share, and principles of equity applicable to contribution	672
generally shall apply.	673

(G) Whether or not judgment has been entered in an action	674
against two or more defendants for the same plaintiff's damages,	675
contribution may be enforced by separate action.	676

Sec. 2315.46. (A) If a judgment that imposes joint and	677
several liability has been entered in a strict liability product	678
liability action against one or more defendants for the same	679
plaintiff's damages, contribution may be enforced in that action	680
by judgment in favor of one against other judgment debtors, by	681
motion, upon notice to all parties to the action. If there is a	682
judgment for the plaintiff's damages against the defendant seeking	683
contribution, that defendant shall commence any separate action to	684
enforce contribution within one year after the judgment has become	685
final by lapse of time for appeal or after appellate review.	686

If there is no judgment for the plaintiff's damages against	687
the defendant seeking contribution, that defendant's right of	688
contribution is barred unless either of the following applies:	689

(1) That defendant has discharged by payment the common	690
liability within the statute of limitations period applicable to	691
the claimant's right of action against that defendant and has	692
commenced that defendant's action for contribution within one year	693
after the payment.	694

(2) That defendant has agreed while an action is pending	695
against that defendant to discharge the common liability and has	696
paid within one year after the agreement the common liability and	697
commenced that defendant's action for contribution.	698

(B) The recovery of a judgment for a plaintiff's damages	699
against one defendant does not of itself discharge the other	700
defendants from liability for the plaintiff's damages unless the	701
judgment is satisfied. The satisfaction of the judgment does not	702
impair any right of contribution.	703

(C) When a release or a covenant not to sue or not to	704
enforce judgment is given in good faith to one of two or more	705
persons for the same damages, both of the following apply:	706

(1) The release or covenant does not discharge any of the	707
other defendants from liability for the damages unless its terms	708
otherwise provide, but it reduces the claim against the other	709
defendants to the extent of the greater of any amount stipulated	710
by the release or the covenant or the amount of the consideration	711
paid for it, except that the reduction of the claim against the	712
other defendants shall not apply in any case in which the	713
reduction results in the plaintiff recovering less than the total	714
amount of the plaintiff's damages awarded by the trier of fact and	715
except that in any case in which the reduction does not apply the	716
plaintiff shall not recover more than the total amount of the	717
plaintiff's damages awarded by the trier of fact.	718

(2) The release or covenant discharges the person to whom it	719
is given from all liability for contribution to any other	720
defendant.	721

Sec. 2315.47.  In any civil action in which the plaintiff	722
combines a product liability claim brought under sections 2307.71	723
to 2307.80 of the Revised Code and based upon a product's	724
defective design or formulation as described in section 2307.75 of	725
the Revised Code or a product liability claim brought under	726
sections 2307.71 to 2307.80 of the Revised Code and based upon a	727
defective product because of inadequate warning or instruction as	728
described in section 2307.76 of the Revised Code with a product	729
liability claim that is brought under sections 2307.71 to 2307.80	730
of the Revised Code and based upon either a product's defective	731
manufacture or construction as described in section 2307.74 of the	732
Revised Code or upon a defective product because it did not	733
conform to a representation made by its manufacturer as described	734
in section 2307.77 of the Revised Code, the entire action and all	735
claims in the action shall be governed by sections 2307.22 to	736
2307.29 and sections 2315.32 to 2315.36 of the Revised Code, and	737
sections 2315.41 to 2315.46 of the Revised Code do not apply to	738
the action nor to any of the claims in the action.	739

Sec. 4171.10.  The express assumption of risk set forth in	740
section 4171.09 of the Revised Code shall serve as a complete	741
defense toin a suittort or other civil action against an	742
operator by a roller skater for injuries resulting from the	743
assumed risks of roller skating. The comparative negligence or	744
other tort provisions of section 2315.19sections 2315.32 to	745
2315.36 of the Revised Code shall not apply unless the operator	746
has breached the operator's duties pursuant to sections 4171.06	747
and 4171.07 of the Revised Code.	748

Sec. 4507.07.  (A) The registrar of motor vehicles shall not	749
grant the application of any minor under eighteen years of age for	750
a probationary license, a restricted license, or a temporary	751
instruction permit, unless the application is signed by one of the	752
minor's parents, the minor's guardian, another person having	753
custody of the applicant, or, if there is no parent or guardian, a	754
responsible person who is willing to assume the obligation imposed	755
under this section.	756

At the time a minor under eighteen years of age submits an	757
application for a license or permit at a driver's license	758
examining station, the adult who signs the application shall	759
present identification establishing that the adult is the	760
individual whose signature appears on the application. The	761
registrar shall prescribe, by rule, the types of identification	762
that are suitable for the purposes of this paragraph. If the	763
adult who signs the application does not provide identification as	764
required by this paragraph, the application shall not be accepted.	765

When a minor under eighteen years of age applies for a	766
probationary license, a restricted license, or a temporary	767
instruction permit, the registrar shall give the adult who signs	768
the application notice of the potential liability that may be	769
imputed to the adult pursuant to division (B) of this section and	770
notice of how the adult may prevent any liability from being	771
imputed to the adult pursuant to that division.	772

(B) Any negligence, or willful or wanton misconduct, that is	773
committed by a minor under eighteen years of age when driving a	774
motor vehicle upon a highway shall be imputed to the person who	775
has signed the application of the minor for a probationary	776
license, restricted license, or temporary instruction permit,	777
which person shall be jointly and severally liable with the minor	778
for any damages caused by the negligence or the willful or wanton	779
misconduct. This joint and several liability is not subject to	780
division (D) of section 2315.192307.22 or 2315.36 of the Revised	781
Code with respect to a negligence claim that otherwise is subject	782
to that section.	783

There shall be no imputed liability imposed under this	784
division if a minor under eighteen years of age has proof of	785
financial responsibility with respect to the operation of a motor	786
vehicle owned by the minor or, if the minor is not the owner of a	787
motor vehicle, with respect to the minor's operation of any motor	788
vehicle, in the form and in the amounts required under Chapter	789
4509. of the Revised Code.	790

(C) Any person who has signed the application of a minor	791
under eighteen years of age for a license or permit subsequently	792
may surrender to the registrar the license or temporary	793
instruction permit of the minor and request that the license or	794
permit be canceled. The registrar then shall cancel the license	795
or temporary instruction permit, and the person who signed the	796
application of the minor shall be relieved from the liability	797
imposed by division (B) of this section.	798

(D) Any minor under eighteen years of age whose probationary	799
license, restricted license, or temporary instruction permit is	800
surrendered to the registrar by the person who signed the	801
application for the license or permit and whose license or	802
temporary instruction permit subsequently is canceled by the	803
registrar may obtain a new license or temporary instruction permit	804
without having to undergo the examinations otherwise required by	805
sections 4507.11 and 4507.12 of the Revised Code and without	806
having to tender the fee for that license or temporary instruction	807
permit, if the minor is able to produce another parent, guardian,	808
other person having custody of the minor, or other adult, and that	809
adult is willing to assume the liability imposed under division	810
(B) of this section. That adult shall comply with the procedures	811
contained in division (A) of this section.	812

Sec. 5703.54.  (A) A taxpayer aggrieved by an action or	813
omission of an officer or employee of the department of taxation	814
may bring an action for damages in the court of claims pursuant to	815
Chapter 2734. of the Revised Code, if all of the following apply:	816

(1) In the action or omission the officer or employee	817
frivolously disregards a provision of Chapter 5711., 5733., 5739.,	818
5741., or 5747. of the Revised Code or a rule of the tax	819
commissioner adopted under authority of one of those chapters;	820

(2) The action or omission occurred with respect to an audit	821
or assessment and the review and collection proceedings connected	822
with the audit or assessment;	823

(3) The officer or employee did not act manifestly outside	824
the scope of histhe officer's or employee's office or employment	825
and did not act with malicious purpose, in bad faith, or in a	826
wanton or reckless manner.	827

(B) In any action brought under division (A) of this	828
section, upon a finding of liability on the part of the state, the	829
state shall be liable to the taxpayer in an amount equal to the	830
sum of the following:	831

(1) Compensatory damages sustained by the taxpayer as a	832
result of the action or omission by the department's officer or	833
employee;	834

(2) Reasonable costs of litigation and attorneys fees	835
sustained by the taxpayer.	836

(C) In the awarding of damages under division (B) of this	837
section, the court shall take into account the negligent actions	838
or omissions, if any, on the part of the taxpayer that contributed	839
to the damages, but shall not be bound by the provisions of	840
section 2315.19sections 2315.32 to 2315.36 of the Revised Code.	841

(D) Whenever it appears to the court that a taxpayer's	842
conduct in the proceedings brought under division (A) of this	843
section is frivolous, the court may impose a penalty against the	844
taxpayer in an amount not to exceed ten thousand dollars which	845
shall be paid to the general revenue fund of the state.	846

(E)(1) Division (A) of this section does not apply to	847
advisory opinions or other informational functions of an officer	848
or employee of the department.	849

(2) Division (A) of this section does not authorize a	850
taxpayer to bring an action for damages based on an action or	851
omission of a county auditor or an employee of a county auditor.	852

(F) As used in this section, "frivolous" means that the	853
conduct of the commissioner, or of the taxpayer or histhe	854
taxpayer's counsel of record satisfies either of the following:	855

(1) It obviously serves merely to harass or maliciously	856
injure the state or its employees or officers if referring to the	857
conduct of a taxpayer, or to harass or maliciously injure the	858
taxpayer if referring to the conduct of the tax commissioner;	859

(2) It is not warranted under existing law and cannot be	860
supported by a good faith argument for an extension, modification,	861
or reversal of existing law.	862

Section 2. That existing sections 1775.14, 2315.08, 4171.10,	863
4507.07, and 5703.54 and sections 2307.31, 2307.32, 2307.33,	864
2315.19, and 2315.20 of the Revised Code are hereby repealed.	865

Section 3. Sections 1775.14, 2307.011, 2307.22, 2307.23,	866
2307.24, 2307.25, 2307.26, 2307.27, 2307.28, 2307.29, 2307.82,	867
2315.32, 2315.33, 2315.34, 2315.35, 2315.36, 2315.41, 2315.42,	868
2315.43, 2315.44, 2315.45, 2315.46, 2315.47, 4171.10, 4507.07, and	869
5703.54 of the Revised Code, as amended or enacted, by this act,	870
apply only to causes of action that accrue on or after the	871
effective date of this act. Any cause of action that accrues prior	872
to the effective date of this act is governed by the law in effect	873
when the cause of action accrued.	874