As Introduced

125th General Assembly Regular Session 2003-2004

S. B. No. 80

Senators Stivers, Hottinger, Goodman, Wachtmann, Amstutz, Randy Gardner, Austria, Nein, Schuring, Armbruster, Coughlin, Carey, Harris, Mumper, Schuler 

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A BILL

To amend sections 1701.76, 1701.82, 1775.14, 2117.06,

1

2125.01, 2125.02, 2125.04, 2305.01, 2305.03,

2

2305.10, 2305.25, 2307.011, 2307.23, 2307.29,

3

2307.60, 2307.71, 2307.75, 2307.80, 2315.01,

4

2315.21, 2315.32, 2315.33, 2315.34, 2315.36,

5

2323.41, 2323.43, 2323.51, 4507.07, 4513.263, and

6

4705.15; to enact sections 901.52, 2305.131,

7

2307.711, 2307.91 to 2307.97, and 4705.16; and to

8

repeal sections 2315.41, 2315.42, 2315.43,

9

2315.44, 2315.45, and 2315.46 of the Revised Code

10

to make changes related to the award of certain

11

damages, collateral benefits evidence, and

12

contributory fault in tort actions; to establish a

13

statute of repose for certain product liability

14

claims and claims based on unsafe conditions of

15

real property improvements and to make other

16

changes related to product liability claims; to

17

provide that the product liability statutes are

18

intended to abrogate common law product liability

19

causes of action; to enact a conflicts of law

20

provision for statutes of limitation in civil

21

actions; to modify the provisions on frivolous

22

conduct in filing civil actions; to prohibit

23

imputing any assurances or assumption of liability

24

regarding public access to premises used for

25

growing agricultural produce; to enact a legal

26

consumer's bill of rights; to limit attorney

27

contingency fees in connection with certain tort

28

actions; to establish minimum medical requirements

29

for filing certain asbestos claims; to establish

30

limitations on successor asbestos-related

31

liabilities relating to corporations; and to make

32

other changes related to civil actions; and to

33

amend the version of section 4513.263 of the

34

Revised Code that is scheduled to take effect

35

January 1, 2004, to continue the provisions of

36

this act on and after that effective date.

37

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

Section 1. That sections 1701.76, 1701.82, 1775.14, 2117.06,	38
2125.01, 2125.02, 2125.04, 2305.01, 2305.03, 2305.10, 2305.25,	39
2307.011, 2307.23, 2307.29, 2307.60, 2307.71, 2307.75, 2307.80,	40
2315.01, 2315.21, 2315.32, 2315.33, 2315.34, 2315.36, 2323.41,	41
2323.43, 2323.51, 4507.07, 4513.263, and 4705.15 be amended and	42
sections 901.52, 2305.131, 2307.711, 2307.91, 2307.92, 2307.93,	43
2307.94, 2307.95, 2307.96, 2307.97, and 4705.16 of the Revised	44
Code be enacted to read as follows:	45

Sec. 901.52. (A) As used in this section, "tort action" has	46
the same meaning as in section 2305.35 of the Revised Code.	47

(B) In a tort action, in the absence of willful or wanton	48
misconduct or intentionally tortious conduct, no owner, lessee,	49
renter, or operator of premises that are open to the public for	50
direct access to growing agricultural produce shall be imputed to	51
do either of the following:	52

(1) Extend any assurance to a person that the premises are	53
safe from naturally occurring hazards merely by the act of giving	54
permission to the person to enter the premises or by receiving	55
consideration for the produce picked by the person;	56

(2) Assume responsibility or liability for injury, death, or	57
loss to person or property, allegedly resulting from the natural	58
condition of the terrain of the premises or from the condition of	59
the terrain resulting from cultivation of soil.	60

Sec. 1701.76.  (A)(1) Provided the provisions of Chapter	61
1704. of the Revised Code do not prevent the transaction from	62
being effected, a lease, sale, exchange, transfer, or other	63
disposition of all, or substantially all, of the assets, with or	64
without the good will, of a corporation, if not made in the usual	65
and regular course of its business, may be made upon suchthe	66
terms and conditions and for suchthe consideration, whichthat	67
may consist, in whole or in part, of money or other property of	68
any description, including shares or other securities or	69
promissory obligations of any other corporation, domestic or	70
foreign, asthat may be authorized as follows:	71

(a) By the directors, either before or after authorization by	72
the shareholders as required in this section; and	73

(b) At a meeting of the shareholders held for suchthat	74
purpose, by the affirmative vote of the holders of shares	75
entitling them to exercise two-thirds of the voting power of the	76
corporation on suchthe proposal, or, if the articles so provide	77
or permit, by the affirmative vote of a greater or lesser	78
proportion, but not less than a majority, of suchthe voting	79
power, and by suchthe affirmative vote of the holders of shares	80
of any particular class asthat is required by the articles.	81

(2) At the shareholder meeting described in division	82
(A)(1)(b) of this section or at any subsequent shareholder	83
meeting, shareholders, by the same vote that is required to	84
authorize the lease, sale, exchange, transfer, or other	85
disposition of all, or substantially all, of the assets, with or	86
without the good will, of the corporation, may grant authority to	87
the directors to establish or amend any of the terms and	88
conditions of the transaction, except that the shareholders shall	89
not authorize the directors to do any of the following:	90

(a) Alter or change the amount or kind of shares, securities,	91
money, property, or rights to be received in exchange for the	92
assets;	93

(b) Alter or change to any material extent the amount or kind	94
of liabilities to be assumed in exchange for the assets;	95

(c) Alter or change any other terms and conditions of the	96
transaction if any of the alterations or changes, alone or in the	97
aggregate, would materially adversely affect the shareholders or	98
the corporation.	99

(3) Notice of the meeting of the shareholders described in	100
division (A)(1)(b) of this section shall be given to all	101
shareholders whether or not entitled to vote at the meeting and	102
shall be accompanied by a copy or summary of the terms of the	103
transaction.	104

(B) The corporation by its directors may abandon suchthe	105
transaction under this section, subject to the contract rights of	106
other persons, if the power of abandonment is conferred upon the	107
directors either by the terms of the transaction or by the same	108
vote of shareholders and at the same meeting of shareholders as	109
that referred to in division (A)(1)(b) of this section or at any	110
subsequent meeting.	111

(C) Dissenting holders of shares of any class, whether or not	112
entitled to vote, shall be entitled to relief under section	113
1701.85 of the Revised Code.	114

(D) An action to set aside a conveyance by a corporation, on	115
the ground that any section of the Revised Code applicable to the	116
lease, sale, exchange, transfer, or other disposition of all, or	117
substantially all, of the assets of suchthat corporation has not	118
been complied with, shall be brought within ninety days after such	119
that transaction, or suchthe action shall be forever barred.	120

(E) If a resolution of dissolution is adopted pursuant to	121
section 1701.86 of the Revised Code, the directors may dispose of	122
all, or substantially all, of the corporation's assets without the	123
necessity of a shareholders' authorization under this section.	124

(F) The terms and conditions of any transaction under this	125
section shall be subject to the limitations specified in section	126
2307.96 of the Revised Code.	127

Sec. 1701.82.  (A) When a merger or consolidation becomes	128
effective, all of the following apply:	129

(1) The separate existence of each constituent entity other	130
than the surviving entity in a merger shall cease, except that	131
whenever a conveyance, assignment, transfer, deed, or other	132
instrument or act is necessary to vest property or rights in the	133
surviving or new entity, the officers, general partners, or other	134
authorized representatives of the respective constituent entities	135
shall execute, acknowledge, and deliver suchthose instruments and	136
do suchthose acts. For these purposes, the existence of the	137
constituent entities and the authority of their respective	138
officers, directors, general partners, or other authorized	139
representatives is continued notwithstanding the merger or	140
consolidation.	141

(2) In the case of a consolidation, the new entity exists	142
when the consolidation becomes effective and, if it is a domestic	143
corporation, the articles contained in or provided for in the	144
agreement of consolidation shall be its original articles. In the	145
case of a merger in which the surviving entity is a domestic	146
corporation, the articles of the domestic surviving corporation in	147
effect immediately prior to the time the merger becomes effective	148
shall continue as its articles after the merger except as	149
otherwise provided in the agreement of merger.	150

(3) The surviving or new entity possesses all assets and	151
property of every description, and every interest in the assets	152
and property, wherever located, and the rights, privileges,	153
immunities, powers, franchises, and authority, of a public as well	154
as of a private nature, of each constituent entity, and, subject	155
to the limitations specified in section 2307.96 of the Revised	156
Code, all obligations belonging to or due to each constituent	157
entity, all of which are vested in the surviving or new entity	158
without further act or deed. Title to any real estate or any	159
interest in the real estate vested in any constituent entity shall	160
not revert or in any way be impaired by reason of such merger or	161
consolidation.	162

(4) TheSubject to the limitations specified in section	163
2307.96 of the Revised Code, the surviving or new entity is liable	164
for all the obligations of each constituent entity, including	165
liability to dissenting shareholders. Any claim existing or any	166
action or proceeding pending by or against any constituent entity	167
may be prosecuted to judgment, with right of appeal, as if the	168
merger or consolidation had not taken place, or the surviving or	169
new entity may be substituted in its place.	170

(5) AllSubject to the limitations specified in section	171
2307.96 of the Revised Code, all the rights of creditors of each	172
constituent entity are preserved unimpaired, and all liens upon	173
the property of any constituent entity are preserved unimpaired,	174
on only the property affected by suchthose liens immediately	175
prior to the effective date of the merger or consolidation. If a	176
general partner of a constituent partnership is not a general	177
partner of the entity surviving or the new entity resulting from	178
the merger or consolidation, then the former general partner shall	179
have no liability for any obligation incurred after the merger or	180
consolidation except to the extent that a former creditor of the	181
constituent partnership in which the former general partner was a	182
partner extends credit to the surviving or new entity reasonably	183
believing that the former general partner continued as a general	184
partner of the surviving or new entity.	185

(B) If a general partner of a constituent partnership is not	186
a general partner of the entity surviving or the new entity	187
resulting from the merger or consolidation, the provisions of	188
division (B) of section 1782.434 of the Revised Code shall apply.	189

(C) In the case of a merger of a domestic constituent	190
corporation into a foreign surviving corporation, limited	191
liability company, or limited partnership that is not licensed or	192
registered to transact business in this state or in the case of a	193
consolidation of a domestic constituent corporation into a new	194
foreign corporation, limited liability company, or limited	195
partnership, if the surviving or new entity intends to transact	196
business in this state and the certificate of merger or	197
consolidation is accompanied by the information described in	198
division (B)(4) of section 1701.81 of the Revised Code, then, on	199
the effective date of the merger or consolidation, the surviving	200
or new entity shall be considered to have complied with the	201
requirements for procuring a license or for registering to	202
transact business in this state as a foreign corporation, limited	203
liability company, or limited partnership, as the case may be. In	204
such a case, a copy of the certificate of merger or consolidation	205
certified by the secretary of state constitutes the license	206
certificate prescribed by the laws of this state for a foreign	207
corporation transacting business in this state or the application	208
for registration prescribed for a foreign limited partnership or	209
limited liability company.	210

(D) Any action to set aside any merger or consolidation on	211
the ground that any section of the Revised Code applicable to the	212
merger or consolidation has not been complied with shall be	213
brought within ninety days after the effective date of suchthat	214
merger or consolidation or be forever barred.	215

(E) As used in this section, "corporation" or "entity"	216
applies to both domestic and foreign corporations and entities	217
where the context so permits. In the case of a foreign constituent	218
entity or a foreign new entity, this section is subject to the	219
laws of the state under the laws of which the entity exists or in	220
which it has property.	221

Sec. 1775.14.  (A) Subject to section 1339.65 of the Revised	222
Code and except as provided in division (B) of this section, all	223
partners are liable as follows:	224

(1) Jointly and severally for everything chargeable to the	225
partnership under sections 1775.12 and 1775.13 of the Revised	226
Code. This joint and several liability is not subject to section	227
2307.22,or 2315.36, or 2315.46 of the Revised Code with respect	228
to a negligence or other tort claim that otherwise is subject to	229
anyeither of those sections.	230

(2) Jointly for all other debts and obligations of the	231
partnership, but any partner may enter into a separate obligation	232
to perform a partnership contract.	233

(B) Subject to divisions (C)(1) and (2) of this section or as	234
otherwise provided in a written agreement between the partners of	235
a registered limited liability partnership, a partner in a	236
registered limited liability partnership is not liable, directly	237
or indirectly, by way of indemnification, contribution,	238
assessment, or otherwise, for debts, obligations, or other	239
liabilities of any kind of, or chargeable to, the partnership or	240
another partner or partners arising from negligence or from	241
wrongful acts, errors, omissions, or misconduct, whether or not	242
intentional or characterized as tort, contract, or otherwise,	243
committed or occurring while the partnership is a registered	244
limited liability partnership and committed or occurring in the	245
course of the partnership business by another partner or an	246
employee, agent, or representative of the partnership.	247

(C)(1) Division (B) of this section does not affect the	248
liability of a partner in a registered limited liability	249
partnership for that partner's own negligence, wrongful acts,	250
errors, omissions, or misconduct, including that partner's own	251
negligence, wrongful acts, errors, omissions, or misconduct in	252
directly supervising any other partner or any employee, agent, or	253
representative of the partnership.	254

(2) Division (B) of this section shall not affect the	255
liability of a partner for liabilities imposed by Chapters 5735.,	256
5739., 5743., and 5747. and section 3734.908 of the Revised Code.	257

(D) A partner in a registered limited liability partnership	258
is not a proper party to an action or proceeding by or against a	259
registered limited liability partnership with respect to any debt,	260
obligation, or other liability of any kind described in division	261
(B) of this section, unless the partner is liable under divisions	262
(C)(1) and (2) of this section.	263

Sec. 2117.06.  (A) All creditors having claims against an	264
estate, including claims arising out of contract, out of tort, on	265
cognovit notes, or on judgments, whether due or not due, secured	266
or unsecured, liquidated or unliquidated, shall present their	267
claims in one of the following manners:	268

(1) To the executor or administrator in a writing;

269

(2) To the executor or administrator in a writing, and to the	270
probate court by filing a copy of the writing with it;	271

(3) In a writing that is sent by ordinary mail addressed to	272
the decedent and that is actually received by the executor or	273
administrator within the appropriate time specified in division	274
(B) of this section. For purposes of this division, if an executor	275
or administrator is not a natural person, the writing shall be	276
considered as being actually received by the executor or	277
administrator only if the person charged with the primary	278
responsibility of administering the estate of the decedent	279
actually receives the writing within the appropriate time	280
specified in division (B) of this section.	281

(B) All claims shall be presented within one year after the	282
death of the decedent, whether or not the estate is released from	283
administration or an executor or administrator is appointed during	284
that one-year period. Every claim presented shall set forth the	285
claimant's address.	286

(C) A claim that is not presented within one year after the	287
death of the decedent shall be forever barred as to all parties,	288
including, but not limited to, devisees, legatees, and	289
distributees. No payment shall be made on the claim and no action	290
shall be maintained on the claim, except as otherwise provided in	291
sections 2117.37 to 2117.42 of the Revised Code with reference to	292
contingent claims.	293

(D) In the absence of any prior demand for allowance, the	294
executor or administrator shall allow or reject all claims, except	295
tax assessment claims, within thirty days after their	296
presentation, provided that failure of the executor or	297
administrator to allow or reject within that time shall not	298
prevent the executor or administrator from doing so after that	299
time and shall not prejudice the rights of any claimant. Upon the	300
allowance of a claim, the executor or the administrator, on demand	301
of the creditor, shall furnish the creditor with a written	302
statement or memorandum of the fact and date of the allowance.	303

(E) If the executor or administrator has actual knowledge of	304
a pending action commenced against the decedent prior to the	305
decedent's death in a court of record in this state, the executor	306
or administrator shall file a notice of the appointment of the	307
executor or administrator in the pending action within ten days	308
after acquiring that knowledge. If the administrator or executor	309
is not a natural person, actual knowledge of a pending suit	310
against the decedent shall be limited to the actual knowledge of	311
the person charged with the primary responsibility of	312
administering the estate of the decedent. Failure to file the	313
notice within the ten-day period does not extend the claim period	314
established by this section.	315

(F) This section applies to any person who is required to	316
give written notice to the executor or administrator of a motion	317
or application to revive an action pending against the decedent at	318
the date of the death of the decedent.	319

(G) Nothing in this section or in section 2117.07 of the	320
Revised Code shall be construed to reduce the time mentioned	321
periods of limitation or periods prior to repose in section	322
2125.02, 2305.09, 2305.10, 2305.11, 2305.113, or 2305.12Chapter	323
2305. of the Revised Code, provided that no portion of any	324
recovery on a claim brought pursuant to that section or any of	325
those sectionssection in that chapter shall come from the assets	326
of an estate unless the claim has been presented against the	327
estate in accordance with Chapter 2117. of the Revised Code.	328

(H) Any person whose claim has been presented and has not	329
been rejected after presentment is a creditor as that term is used	330
in Chapters 2113. to 2125. of the Revised Code. Claims that are	331
contingent need not be presented except as provided in sections	332
2117.37 to 2117.42 of the Revised Code, but, whether presented	333
pursuant to those sections or this section, contingent claims may	334
be presented in any of the manners described in division (A) of	335
this section.	336

(I) If a creditor presents a claim against an estate in	337
accordance with division (A)(2) of this section, the probate court	338
shall not close the administration of the estate until that claim	339
is allowed or rejected.	340

(J) The probate court shall not require an executor or	341
administrator to make and return into the court a schedule of	342
claims against the estate.	343

(K) If the executor or administrator makes a distribution of	344
the assets of the estate prior to the expiration of the time for	345
the filing of claims as set forth in this section, the executor or	346
administrator shall provide notice on the account delivered to	347
each distributee that the distributee may be liable to the estate	348
up to the value of the distribution and may be required to return	349
all or any part of the value of the distribution if a valid claim	350
is subsequently made against the estate within the time permitted	351
under this section.	352

Sec. 2125.01. When(A)(1) Except as provided in division (B)	353
of this section, if the death of a person is caused by wrongful	354
act, neglect, or default whichthat would have entitled the party	355
injured person to maintain ana civil action and recover damages	356
if death had not ensued, the person who would have been liable if	357
death had not ensued, or the administrator or executor of the	358
estate of suchthe liable person, as suchthat administrator or	359
executor, shall beis liable to an action forin damages in a	360
civil action for wrongful death under this chapter,	361
notwithstanding the death of the injured person injured and	362
although the death was caused under circumstances whichthat make	363
it aggravated murder, murder, or manslaughter. WhenIf the civil	364
action for wrongful death is against suchan administrator or	365
executor, the damages recovered shall be a valid claim against the	366
estate of suchthe deceased liable person. No civil action for the	367
wrongful death of a person may be maintained against the owner or	368
lessee of the real property upon which the death occurred if the	369
cause of the death was the violent unprovoked act of a party other	370
than the owner, the lessee, or a person under the control of the	371
owner or lessee, unless the acts or omissions of the owner,	372
lessee, or person under the control of the owner or lessee	373
constitute gross negligence.	374

When(2) If the death of a person is caused by a wrongful	375
act, neglect, or default in another state or foreign country, for	376
whichand a right to maintain ana civil action for wrongful death	377
and recover damages is given by a statute of suchthe other state	378
or foreign country, suchthe right ofto maintain the civil action	379
may be enforced in this state, except as provided in division (B)	380
of this section. Every suchcivil action of that nature shall be	381
commenced within the time prescribed for the commencement of such	382
civil actions of that nature by the statute of suchthe other	383
state or foreign country.	384

The same remedy shall apply to any such cause of action now	385
existing and to any such action commenced before January 1, 1932,	386
or attempted to be commenced in proper time and now appearing on	387
the files of any court within this state, and no prior law of this	388
state shall prevent the maintenance of such cause of action.	389

(B) A person may not maintain a civil action for wrongful	390
death in a court of this state under division (A)(1) or (2) of	391
this section if either of the following applies:	392

(1) The person liable for the personal injuries sustained by	393
the decedent or the administrator or executor of that person's	394
estate compensated the decedent for those injuries prior to the	395
death of the decedent; because of the payment of that	396
compensation, the decedent executed to that person, administrator,	397
or executor a valid release of the decedent's claims against that	398
person or that person's estate based on the personal injuries	399
sustained by the decedent; and those personal injuries were	400
sustained under the same circumstances that otherwise could be the	401
basis of a civil action for wrongful death in a court of this	402
state under division (A)(1) or (2) of this section.	403

(2) Prior to the death of the decedent, a judgment for	404
damages was entered in a civil action against the person liable	405
for the personal injuries sustained by the decedent or against the	406
administrator or executor of that person's estate; that person or	407
the administrator or executor of that person's estate fully	408
satisfied the judgment so entered prior to the decedent's death;	409
and the decedent's personal injuries that were the subject of that	410
civil action were sustained under the same circumstances that	411
otherwise could be the basis of a civil action for wrongful death	412
in a court of this state under division (A)(1) or (2) of this	413
section.	414

Sec. 2125.02.  (A)(1) Except as provided in this division, an	415
a civil action for wrongful death shall be brought in the name of	416
the personal representative of the decedent for the exclusive	417
benefit of the surviving spouse, the children, and the parents of	418
the decedent, all of whom are rebuttably presumed to have suffered	419
damages by reason of the wrongful death, and for the exclusive	420
benefit of the other next of kin of the decedent. A parent who	421
abandoned a minor child who is the decedent shall not receive any	422
a benefit in a wrongful deathcivil action for wrongful death	423
brought under this division.	424

(2) The jury, or the court if the civil action for wrongful	425
death is not tried to a jury, may award damages authorized by	426
division (B) of this section, as it determines are proportioned to	427
the injury and loss resulting to the beneficiaries described in	428
division (A)(1) of this section by reason of the wrongful death	429
and may award the reasonable funeral and burial expenses incurred	430
as a result of the wrongful death. In its verdict, the jury or	431
court shall set forth separately the amount, if any, awarded for	432
the reasonable funeral and burial expenses incurred as a result of	433
the wrongful death.	434

(3)(a) The date of the decedent's death fixes, subject to	435
division (A)(3)(b)(iii) of this section, the status of all	436
beneficiaries of the civil action for wrongful death for purposes	437
of determining the damages suffered by them and the amount of	438
damages to be awarded. A person who is conceived prior to the	439
decedent's death and who is born alive after the decedent's death	440
is a beneficiary of the action.	441

(b)(i) In determining the amount of damages to be awarded,	442
the jury or court may consider all factors existing at the time of	443
the decedent's death that are relevant to a determination of the	444
damages suffered by reason of the wrongful death.	445

(ii) Consistent with the Rules of Evidence, anya party to an	446
a civil action for wrongful death may present evidence of the cost	447
of an annuity in connection with anyan issue of recoverable	448
future damages. If suchthat evidence is presented, then, in	449
addition to the factors described in division (A)(3)(b)(i) of this	450
section and, if applicable, division (A)(3)(b)(iii) of this	451
section, the jury or court may consider that evidence in	452
determining the future damages suffered by reason of the wrongful	453
death. If suchthat evidence is presented, the present value in	454
dollars of anyan annuity is its cost.	455

(iii) Consistent with the Rules of Evidence, anya party to	456
ana civil action for wrongful death may present evidence that the	457
surviving spouse of the decedent is remarried. If suchthat	458
evidence is presented, then, in addition to the factors described	459
in divisions (A)(3)(b)(i) and (ii) of this section, the jury or	460
court may consider that evidence in determining the damages	461
suffered by the surviving spouse by reason of the wrongful death.	462

(B) Compensatory damages may be awarded in ana civil action	463
for wrongful death and may include damages for the following:	464

(1) Loss of support from the reasonably expected earning	465
capacity of the decedent;	466

(2) Loss of services of the decedent;

467

(3) Loss of the society of the decedent, including loss of	468
companionship, consortium, care, assistance, attention,	469
protection, advice, guidance, counsel, instruction, training, and	470
education, suffered by the surviving spouse, minordependent	471
children, parents, or next of kin of the decedent;	472

(4) Loss of prospective inheritance to the decedent's heirs	473
at law at the time of the decedent's death;	474

(5) The mental anguish incurred by the surviving spouse,	475
minordependent children, parents, or next of kin of the decedent.	476

(C) A personal representative appointed in this state, with	477
the consent of the court making the appointment and at any time	478
before or after the commencement of ana civil action for wrongful	479
death, may settle with the defendant the amount to be paid.	480

(D) An(1) Except as provided in division (D)(2) of this	481
section, a civil action for wrongful death shall be commenced	482
within two years after the decedent's death.	483

(2)(a) Except as otherwise provided in divisions (D)(2)(b),	484
(c), (d), (e), and (f) of this section, no cause of action for	485
wrongful death involving a product liability claim shall accrue	486
against the manufacturer or supplier of a product later than ten	487
years from the date that the product was delivered to its first	488
purchaser or first lessee who was not engaged in a business in	489
which the product was used as a component in the production,	490
construction, creation, assembly, or rebuilding of another	491
product.	492

(b) Division (D)(2)(a) of this section does not apply if the	493
manufacturer or supplier of a product engaged in fraud in regard	494
to information about the product and the fraud contributed to the	495
harm that is alleged in a product liability claim involving that	496
product.	497

(c) Division (D)(2)(a) of this section does not bar a civil	498
action for wrongful death involving a product liability claim	499
against a manufacturer or supplier of a product who made an	500
express, written warranty as to the safety of the product that was	501
for a period longer than ten years and that, at the time of the	502
decedent's death, has not expired in accordance with the terms of	503
that warranty.	504

(d) If the decedent's death occurs during the ten-year period	505
described in division (D)(2)(a) of this section but less than two	506
years prior to the expiration of that period, a civil action for	507
wrongful death involving a product liability claim may be	508
commenced within two years after the decedent's death.	509

(e) If the decedent's death occurs during the ten-year period	510
described in division (D)(2)(a) of this section and the claimant	511
cannot commence an action during that period due to a disability	512
described in section 2305.16 of the Revised Code, a civil action	513
for wrongful death involving a product liability claim may be	514
commenced within two years after the disability is removed.	515

(f)(i) Division (D)(2)(a) of this section does not bar a	516
civil action for wrongful death based on a product liability claim	517
against a manufacturer or supplier of a product if the product	518
involved is a substance or device described in division (B)(1),	519
(2), (3), or (4) of section 2305.10 of the Revised Code and the	520
decedent's death resulted from exposure to the product during the	521
ten-year period described in division (D)(2)(a) of this section.	522

(ii) If division (D)(2)(f)(i) of this section applies	523
regarding a civil action for wrongful death, the cause of action	524
that is the basis of the action accrues upon the date on which the	525
claimant is informed by competent medical authority that the	526
decedent's death was related to the exposure to the product or	527
upon the date on which by the exercise of reasonable diligence the	528
claimant should have known that the decedent's death was related	529
to the exposure to the product, whichever date occurs first. A	530
civil action for wrongful death based on a cause of action	531
described in division (D)(2)(f)(i) of this section shall be	532
commenced within two years after the cause of action accrues and	533
shall not be commenced more than two years after the cause of	534
action accrues.	535

(E)(1) If the personal representative of a deceased minor has	536
actual knowledge or reasonable cause to believe that the minor was	537
abandoned by a parent seeking to benefit from thea civil action	538
for wrongful death action or if any person listed in division	539
(A)(1) of this section who is permitted to benefit infrom a civil	540
action for wrongful death action filedcommenced in relation to a	541
deceased minor has actual knowledge or reasonable cause to believe	542
that the minor was abandoned by a parent seeking to benefit from	543
the wrongful death action, the personal representative or the	544
person may file a motion in the court in which the wrongful death	545
action is filedcommenced requesting the court to issue an order	546
finding that the parent abandoned the childminor and is not	547
entitled to recover damages in the wrongful death action based on	548
the death of the deceased minor child.	549

(2) The movant who files a motion described in division	550
(E)(1) of this section shall name the parent who abandoned the	551
childdeceased minor and, whether or not that parent is a resident	552
of this state, the parent shall be served with a summons and a	553
copy of the motion in accordance with the Rules of Civil	554
Procedure. Upon the filing of the motion, the court shall conduct	555
a hearing. In the hearing on the motion, the movant has the burden	556
of proving, by a preponderance of the evidence, that the parent	557
abandoned the deceased minor child. If, at the hearing, the court	558
finds that the movant has sustained that burden of proof, the	559
court shall issue an order that includes its findingfindings that	560
the parent abandoned the deceased minor child and that, because of	561
the prohibition set forth in division (A)(1) of this section, the	562
parent is not entitled to recover damages in the wrongful death	563
action based on the death of the deceased minor child.	564

(3) A motion requesting a court to issue an order finding	565
that thea specified parent abandoned thea minor child and is not	566
entitled to recover damages in thea civil action for wrongful	567
death action based on the death of the deceased minor child may be	568
filed at any time during the pendency of the wrongful death	569
action.	570

(F) This section does not create a new cause of action or	571
substantive legal right against any person involving a product	572
liability claim.	573

(G) As used in this section:

574

(1) "Annuity" means an annuity that would be purchased from	575
either of the following types of insurance companies:	576

(a) An insurance company that the A. M. Best Company, in its	577
most recently published rating guide of life insurance companies,	578
has rated A or better and has rated XII or higher as to financial	579
size or strength;	580

(b)(i) An insurance company that the superintendent of	581
insurance, under rules adopted pursuant to Chapter 119. of the	582
Revised Code for purposes of implementing this division,	583
determines is licensed to do business in this state and,	584
considering the factors described in division (F)(G)(1)(b)(ii) of	585
this section, is a stable insurance company that issues annuities	586
that are safe and desirable.	587

(ii) In making determinations as described in division	588
(F)(G)(1)(b)(i) of this section, the superintendent shall be	589
guided by the principle that the jury or court in ana civil	590
action for wrongful death should be presented only with evidence	591
as to the cost of annuities that are safe and desirable for the	592
beneficiaries of such anthe action who are awarded compensatory	593
damages under this section. In making suchthe determinations, the	594
superintendent shall consider the financial condition, general	595
standing, operating results, profitability, leverage, liquidity,	596
amount and soundness of reinsurance, adequacy of reserves, and the	597
management of anya particular insurance company in question	598
involved and also may consider ratings, grades, and	599
classifications of any nationally recognized rating services of	600
insurance companies and any other factors relevant to the making	601
of suchthe determinations.	602

(2) "Future damages" means damages that result from the	603
wrongful death and that will accrue after the verdict or	604
determination of liability by the jury or court is rendered in the	605
civil action for wrongful death.	606

(3) "Abandoned" means that a parent of a minor failed without	607
justifiable cause to communicate with the minor, care for the	608
minor, and provide for the maintenance or support of the minor as	609
required by law or judicial decree for a period of at least one	610
year immediately prior to the date of the death of the minor.	611

(4) "Minor" means a person who is less than eighteen years of	612
age.	613

(5) "Harm" means death.

614

(6) "Manufacturer," "product," "product liability claim," and	615
"supplier" have the same meanings as in section 2307.71 of the	616
Revised Code.	617

(H) Divisions (D) and (G)(5) to (G)(7) of this section shall	618
be considered to be purely remedial in operation and shall be	619
applied in a remedial manner in any civil action commenced on or	620
after the effective date of this amendment, in which those	621
divisions are relevant, regardless of when the cause of action	622
accrued and notwithstanding any other section of the Revised Code	623
or prior rule of law of this state, but shall not be construed to	624
apply to any civil action pending prior to the effective date of	625
this amendment.	626

Sec. 2125.04.  In every civil action for wrongful death	627
commenced or attempted to be commenced within the time specified	628
by division (D)(1) or (D)(2)(c), (d), (e), or (f) of section	629
2125.02 of the Revised Code, if a judgment for the plaintiff is	630
reversed or if the plaintiff fails otherwise than upon the merits,	631
and if the time limited by such sectionany of those divisions for	632
the commencement of suchthe action has expired at the date of	633
suchthe reversal or failure, the plaintiff or, if the plaintiff	634
dies and the cause of action survives, the personal representative	635
of the plaintiff may commence a new civil action for wrongful	636
death within one year after suchthat date, subject to division	637
(B) of section 2125.01 of the Revised Code or division (D)(2) of	638
section 2125.02 of the Revised Code.	639

Sec. 2305.01. TheExcept as otherwise provided by this	640
section or section 2305.03 of the Revised Code, the court of	641
common pleas has original jurisdiction in all civil cases in which	642
the sum or matter in dispute exceeds the exclusive original	643
jurisdiction of county courts and appellate jurisdiction from the	644
decisions of boards of county commissioners. The court of common	645
pleas shall not have jurisdiction to award compensatory damages	646
for noneconomic loss that exceed the amount set forth in section	647
2323.43 of the Revised Code or to award punitive or exemplary	648
damages that exceed the amount set forth in section 2315.21 of the	649
Revised Code.	650

The court of common pleas may on its own motion transfer for	651
trial any action in the court to any municipal court in the county	652
having concurrent jurisdiction of the subject matter of, and the	653
parties to, the action, if the amount sought by the plaintiff does	654
not exceed one thousand dollars and if the judge or presiding	655
judge of the municipal court concurs in the proposed transfer.	656
Upon the issuance of an order of transfer, the clerk of courts	657
shall remove to the designated municipal court the entire case	658
file. Any untaxed portion of the common pleas deposit for court	659
costs shall be remitted to the municipal court by the clerk of	660
courts to be applied in accordance with section 1901.26 of the	661
Revised Code, and the costs taxed by the municipal court shall be	662
added to any costs taxed in the common pleas court.	663

The court of common pleas has jurisdiction in any action	664
brought pursuant to division (I) of section 3733.11 of the Revised	665
Code if the residential premises that are the subject of the	666
action are located within the territorial jurisdiction of the	667
court.	668

The courts of common pleas of Adams, Athens, Belmont, Brown,	669
Clermont, Columbiana, Gallia, Hamilton, Jefferson, Lawrence,	670
Meigs, Monroe, Scioto, and Washington counties have jurisdiction	671
beyond the north or northwest shore of the Ohio river extending to	672
the opposite shore line, between the extended boundary lines of	673
any adjacent counties or adjacent state. Each of those courts of	674
common pleas has concurrent jurisdiction on the Ohio river with	675
any adjacent court of common pleas that borders on that river and	676
with any court of Kentucky or of West Virginia that borders on the	677
Ohio river and that has jurisdiction on the Ohio river under the	678
law of Kentucky or the law of West Virginia, whichever is	679
applicable, or under federal law.	680

Sec. 2305.03. A civil action,(A) Except as provided in	681
division (B) of this section and unless a different limitation is	682
prescribed by statute, cana civil action may be commenced only	683
within the period prescribed in sections 2305.032305.04 to	684
2305.22, inclusive, of the Revised Code. WhenIf interposed by	685
proper plea by a party to an action mentioned in suchany of those	686
sections, lapse of time shall be a bar theretoto the action.	687

(B) No civil action that is based upon a cause of action that	688
accrued in any other state, territory, district, or foreign	689
jurisdiction may be commenced and maintained in this state if the	690
period of limitation that applies to that action under the laws of	691
that other state, territory, district, or foreign jurisdiction has	692
expired or the period of limitation that applies to that action	693
under the laws of this state has expired.	694

Sec. 2305.10. An(A) Except as provided in division (C) of	695
this section, an action based on a product liability claim and an	696
action for bodily injury or injuring personal property shall be	697
brought within two years after the cause thereof aroseof action	698
accrues. Except as provided in divisions (B)(1), (2), (3), and (4)	699
of this section, a cause of action accrues under this division	700
when the injury or loss to person or property occurs.	701

(B)(1) For purposes of division (A) of this section, a cause	702
of action for bodily injury that is not described in division	703
(B)(2), (3), or (4) of this section and that is caused by exposure	704
to hazardous or toxic chemicals, ethical drugs, or ethical medical	705
devices accrues upon the date on which the plaintiff is informed	706
by competent medical authority that the plaintiff has an injury	707
that is related to the exposure, or upon the date on which by the	708
exercise of reasonable diligence the plaintiff should have known	709
that the plaintiff has an injury that is related to the exposure,	710
whichever date occurs first.	711

(2) For purposes of division (A) of this section, a cause of	712
action for bodily injury caused by exposure to asbestos or to	713
chromium in any of its chemical forms arisesaccrues upon the date	714
on which the plaintiff is informed by competent medical authority	715
that the plaintiff has been injured by suchan injury that is	716
related to the exposure, or upon the date on which, by the	717
exercise of reasonable diligence, the plaintiff should have become	718
awareknown that the plaintiff had been injured byhas an injury	719
that is related to the exposure, whichever date occurs first.	720

(3) For purposes of division (A) of this section, a cause of	721
action for bodily injury incurred by a veteran through exposure to	722
chemical defoliants or herbicides or other causative agents,	723
including agent orange, arisesaccrues upon the date on which the	724
plaintiff is informed by competent medical authority that the	725
plaintiff has been injured by suchan injury that is related to	726
the exposure, or upon the date on which by the exercise of	727
reasonable diligence the plaintiff should have known that the	728
plaintiff has an injury that is related to the exposure, whichever	729
date occurs first.	730

As used in this section, "agent orange," "causative agent,"	731
and "veteran" have the same meanings as in section 5903.21 of the	732
Revised Code.	733

(4) For purposes of division (A) of this section, a cause of	734
action for bodily injury which may be caused by exposure to	735
diethylstilbestrol or other nonsteroidal synthetic estrogens,	736
including exposure before birth, accrues upon the date on which	737
the plaintiff learns from a licensed physicianis informed by	738
competent medical authority that the plaintiff has an injury which	739
may bethat is related to suchthe exposure, or upon the date on	740
which by the exercise of reasonable diligence the plaintiff should	741
have become awareknown that the plaintiff has an injury which may	742
bethat is related to suchthe exposure, whichever date occurs	743
first.	744

(C)(1) Except as otherwise provided in divisions (C)(2), (3),	745
(4), (5), and (6) of this section, no cause of action based on a	746
product liability claim shall accrue against the manufacturer or	747
supplier of a product later than ten years from the date that the	748
product was delivered to its first purchaser or first lessee who	749
was not engaged in a business in which the product was used as a	750
component in the production, construction, creation, assembly, or	751
rebuilding of another product.	752

(2) Division (C)(1) of this section does not apply if the	753
manufacturer or supplier of a product engaged in fraud in regard	754
to information about the product and the fraud contributed to the	755
harm that is alleged in a product liability claim involving that	756
product.	757

(3) Division (C)(1) of this section does not bar an action	758
based on a product liability claim against a manufacturer or	759
supplier of a product who made an express, written warranty as to	760
the safety of the product that was for a period longer than ten	761
years and that, at the time of the accrual of the cause of action,	762
has not expired in accordance with the terms of that warranty.	763

(4) If the cause of action relative to a product liability	764
claim accrues during the ten-year period described in division	765
(C)(1) of this section but less than two years prior to the	766
expiration of that period, an action based on the product	767
liability claim may be commenced within two years after the cause	768
of action accrues.	769

(5) If a cause of action relative to a product liability	770
claim accrues during the ten-year period described in division	771
(C)(1) of this section and the claimant cannot commence an action	772
during that period due to a disability described in section	773
2305.16 of the Revised Code, an action based on the product	774
liability claim may be commenced within two years after the	775
disability is removed.	776

(6)(a) Division (C)(1) of this section does not bar an action	777
based on a product liability claim against a manufacturer or	778
supplier of a product if all of the following apply:	779

(i) The action is for bodily injury.

780

(ii) The product involved is a substance or device described	781
in division (B)(1), (2), (3), or (4) of this section.	782

(iii) The bodily injury results from exposure to the product	783
during the ten-year period described in division (C)(1) of this	784
section.	785

(b) If division (C)(6)(a) of this section applies regarding	786
an action, the cause of action accrues upon the date on which the	787
claimant is informed by competent medical authority that the	788
bodily injury was related to the exposure to the product, or upon	789
the date on which by the exercise of reasonable diligence the	790
claimant should have known that the bodily injury was related to	791
the exposure to the product, whichever date occurs first. The	792
action based on the product liability claim shall be commenced	793
within two years after the cause of action accrues and shall not	794
be commenced more than two years after the cause of action	795
accrues.	796

(D) This section does not create a new cause of action or	797
substantive legal right against any person involving a product	798
liability claim.	799

(E) As used in this section:

800

(1) "Agent orange," "causative agent," and "veteran" have the	801
same meanings as in section 5903.21 of the Revised Code.	802

(2) "Ethical drug," "ethical medical device," "manufacturer,"	803
"product," "product liability claim," and "supplier" have the same	804
meanings as in section 2307.71 of the Revised Code.	805

(3) "Harm" means injury, death, or loss to person or	806
property.	807

(F) This section shall be considered to be purely remedial in	808
operation and shall be applied in a remedial manner in any civil	809
action commenced on or after the effective date of this amendment,	810
in which this section is relevant, regardless of when the cause of	811
action accrued and notwithstanding any other section of the	812
Revised Code or prior rule of law of this state, but shall not be	813
construed to apply to any civil action pending prior to the	814
effective date of this amendment.	815

Sec. 2305.131.  (A)(1) Notwithstanding an otherwise	816
applicable period of limitations specified in this chapter or in	817
section 2125.02 of the Revised Code and except as otherwise	818
provided in divisions (A)(2), (A)(3), (C), and (D) of this	819
section, no cause of action to recover damages for bodily injury,	820
an injury to real or personal property, or wrongful death that	821
arises out of a defective and unsafe condition of an improvement	822
to real property and no cause of action for contribution or	823
indemnity for damages sustained as a result of bodily injury, an	824
injury to real or personal property, or wrongful death that arises	825
out of a defective and unsafe condition of an improvement to real	826
property shall accrue against a person who performed services for	827
the improvement to real property or a person who furnished the	828
design, planning, supervision of construction, or construction of	829
the improvement to real property later than ten years from the	830
date of the performance of the services or the furnishing of the	831
design, planning, supervision of construction, or construction.	832

(2) Notwithstanding an otherwise applicable period of	833
limitations specified in this chapter or in section 2125.02 of the	834
Revised Code, a claimant who discovers a defective and unsafe	835
condition of an improvement to real property during the ten-year	836
period specified in division (A)(1) of this section but less than	837
two years prior to the expiration of that period may commence a	838
civil action to recover damages as described in that division	839
within two years from the date of the discovery of that defective	840
and unsafe condition.	841

(3) Notwithstanding an otherwise applicable period of	842
limitations specified in this chapter or in section 2125.02 of the	843
Revised Code, if a cause of action that arises out of a defective	844
and unsafe condition of an improvement to real property accrues	845
during the ten-year period specified in division (A)(1) of this	846
section and the plaintiff cannot commence an action during that	847
period due to a disability described in section 2305.16 of the	848
Revised Code, the plaintiff may commence a civil action to recover	849
damages as described in that division within two years from the	850
removal of that disability.	851

(B) Division (A) of this section does not apply to a civil	852
action commenced against a person who is an owner of, tenant of,	853
or other person in possession and control of an improvement to	854
real property and who is in actual possession and control of the	855
improvement to real property at the time that the defective and	856
unsafe condition of the improvement to real property constitutes	857
the proximate cause of the bodily injury, injury to real or	858
personal property, or wrongful death that is the subject matter of	859
the civil action.	860

(C) Division (A)(1) of this section is not available as an	861
affirmative defense to a defendant in a civil action described in	862
that division if the defendant engages in fraud in regard to	863
furnishing the design, planning, supervision of construction, or	864
construction of an improvement to real property or in regard to	865
any relevant fact or other information that pertains to the act or	866
omission constituting the alleged basis of the bodily injury,	867
injury to real or personal property, or wrongful death or to the	868
defective and unsafe condition of the improvement to real	869
property.	870

(D) Division (A)(1) of this section does not prohibit the	871
commencement of a civil action for damages against a person who	872
has expressly warranted or guaranteed an improvement to real	873
property for a period longer than the period described in division	874
(A)(1) of this section and whose warranty or guarantee has not	875
expired as of the time of the alleged bodily injury, injury to	876
real or personal property, or wrongful death in accordance with	877
the terms of that warranty or guarantee.	878

(E) This section does not create a new cause of action or	879
substantive legal right against any person resulting from the	880
design, planning, supervision of construction, or construction of	881
an improvement to real property.	882

(F) This section shall be considered to be purely remedial in	883
operation and shall be applied in a remedial manner in any civil	884
action commenced on or after the effective date of this section,	885
in which this section is relevant, regardless of when the cause of	886
action accrued and notwithstanding any other section of the	887
Revised Code or prior rule of law of this state, but shall not be	888
construed to apply to any civil action pending prior to the	889
effective date of this section.	890

Sec. 2305.25. As used in this section and sections 2305.251	891
to 2305.253 of the Revised Code:	892

(A)(1) "Health care entity" means an entity, whether acting	893
on its own behalf or on behalf of or in affiliation with other	894
health care entities, that conducts as part of its regular	895
business activities professional credentialing or quality review	896
activities involving the competence of, professional conduct of,	897
or quality of care provided by health care providers, including	898
both individuals who provide health care and entities that provide	899
health care.	900

(2) "Health care entity" includes any entity described in	901
division (A)(1) of this section, regardless of whether it is a	902
government entity; for-profit or nonprofit corporation; limited	903
liability company; partnership; professional corporation; state or	904
local society composed of physicians, dentists, optometrists,	905
psychologists, or pharmacists; or other health care organization.	906

(B) "Health insuring corporation" means an entity that holds	907
a certificate of authority under Chapter 1751. of the Revised	908
Code. "Health insuring corporation" includes wholly owned	909
subsidiaries of a health insuring corporation.	910

(C) "Hospital" means either of the following:

911

(1) An institution that has been registered or licensed by	912
the department of health as a hospital;	913

(2) An entity, other than an insurance company authorized to	914
do business in this state, that owns, controls, or is affiliated	915
with an institution that has been registered or licensed by the	916
department of health as a hospital.	917

(D) "Incident report or risk management report" means a	918
report of an incident involving injury or potential injury to a	919
patient as a result of patient care provided by health care	920
providers, including both individuals who provide health care and	921
entities that provide health care, that is prepared by or for the	922
use of a peer review committee of a health care entity and is	923
within the scope of the functions of that committee.	924

(E)(1) "Peer review committee" means a utilization review	925
committee, quality assessment committee, performance improvement	926
committee, tissue committee, credentialing committee, or other	927
committee that does either of the following:	928

(a) Conducts professional credentialing or quality review	929
activities involving the competence of, professional conduct of,	930
or quality of care provided by health care providers, including	931
both individuals who provide health care and entities that provide	932
health care;	933

(b) Conducts any other attendant hearing process initiated as	934
a result of a peer review committee's recommendations or actions.	935

(2) "Peer review committee" includes all of the following:

936

(a) A peer review committee of a hospital or long-term care	937
facility or a peer review committee of a nonprofit health care	938
corporation that is a member of the hospital or long-term care	939
facility or of which the hospital or facility is a member;	940

(b) A peer review committee of a community mental health	941
center;	942

(c) A board or committee of a hospital, a long-term care	943
facility, or other health care entity when reviewing professional	944
qualifications or activities of health care providers, including	945
both individuals who provide health care and entities that provide	946
health care;	947

(d) A peer review committee, professional standards review	948
committee, or arbitration committee of a state or local society	949
composed of members who are in active practice as physicians,	950
dentists, optometrists, psychologists, or pharmacists;	951

(e) A peer review committee of a health insuring corporation	952
that has at least a two-thirds majority of member physicians in	953
active practice and that conducts professional credentialing and	954
quality review activities involving the competence or professional	955
conduct of health care providers that adversely affects or could	956
adversely affect the health or welfare of any patient;	957

(f) A peer review committee of a health insuring corporation	958
that has at least a two-thirds majority of member physicians in	959
active practice and that conducts professional credentialing and	960
quality review activities involving the competence or professional	961
conduct of a health care facility that has contracted with the	962
health insuring corporation to provide health care services to	963
enrollees, which conduct adversely affects, or could adversely	964
affect, the health or welfare of any patient;	965

(g) A peer review committee of a sickness and accident	966
insurer that has at least a two-thirds majority of physicians in	967
active practice and that conducts professional credentialing and	968
quality review activities involving the competence or professional	969
conduct of health care providers that adversely affects or could	970
adversely affect the health or welfare of any patient;	971

(h) A peer review committee of a sickness and accident	972
insurer that has at least a two-thirds majority of physicians in	973
active practice and that conducts professional credentialing and	974
quality review activities involving the competence or professional	975
conduct of a health care facility that has contracted with the	976
insurer to provide health care services to insureds, which conduct	977
adversely affects, or could adversely affect, the health or	978
welfare of any patient;	979

(i) A peer review committee of any insurer authorized under	980
Title XXXIX of the Revised Code to do the business of medical	981
professional liability insurance in this state that conducts	982
professional quality review activities involving the competence or	983
professional conduct of health care providers that adversely	984
affects or could affect the health or welfare of any patient;	985

(j) Any other peer review committee of a health care entity.

986

(F) "Physician" means an individual authorized to practice	987
medicine and surgery, osteopathic medicine and surgery, or	988
podiatric medicine and surgery.	989

(G) "Sickness and accident insurer" means an entity	990
authorized under Title XXXIX of the Revised Code to do the	991
business of sickness and accident insurance in this state.	992

(H) "Tort action" means a civil action for damages for	993
injury, death, or loss to a patient of a health care entity. "Tort	994
action" includes a product liability claim, as defined in section	995
2307.71 of the Revised Code, but does not include a civil action	996
for a breach of contract or another agreement between persons.	997

Sec. 2307.011. As used in Chapters 2307. and 2315. of the	998
Revised Code:	999

(A) "Conduct" means actions or omissions.

1000

(B) "Contributory fault" means contributory negligence, other	1001
contributory tortious conduct, comparative negligence, or, except	1002
as provided with respect to product liability claims in section	1003
2307.711 of the Revised Code, express or implied assumption of the	1004
risk.	1005

(C) "Economic loss" means any of the following types of	1006
pecuniary harm:	1007

(1) All wages, salaries, or other compensation lost as a	1008
result of an injury, death, or loss to person or property that is	1009
a subject of a tort action, including wages, salaries, or other	1010
compensation lost as of the date of a judgment and future expected	1011
lost earnings;	1012

(2) All expenditures for medical care or treatment,	1013
rehabilitation services, or other care, treatment, services,	1014
products, or accommodations incurred as a result of an injury,	1015
death, or loss to person that is a subject of a tort action,	1016
including expenditures for those purposes that were incurred as of	1017
the date of a judgment and expenditures for those purposes that,	1018
in the determination of the trier of fact, will be incurred in the	1019
future because of the injury, whether paid by the injured person	1020
or by another person on behalf of the injured person;	1021

(3) All expenditures of a person whose property was injured	1022
or destroyed or of another person on behalf of the person whose	1023
property was injured or destroyed in order to repair or replace	1024
the property;	1025

(4) Any other expenditures incurred as a result of an injury,	1026
death, or loss to person or property that is a subject of a tort	1027
action, except expenditures of the injured person, the person	1028
whose property was injured or destroyed, or another person on	1029
behalf of the injured person or the person whose property was	1030
injured or destroyed in relation to the actual preparation or	1031
presentation of the claim involved.	1032

(D) "Intentional tort claim" means a claim alleging that a	1033
tortfeasor intentionally caused or intentionally contributed to	1034
the injury or loss to person or property or the wrongful death or	1035
that a tortfeasor knew or believed that the injury or loss to	1036
person or property or the wrongful death was substantially certain	1037
to result from the tortfeasor's conduct. As used in sections	1038
2307.22, 2307.711, and 2315.32, and 2315.42 of the Revised Code,	1039
"intentional tort claim" does not include an intentional tort	1040
claim alleged by an employee or the employee's legal	1041
representative against the employee's employer and that arises	1042
from the tortfeasor's conduct that occurs on premises owned,	1043
leased, or supervised by the employer.	1044

(E) "Negligence claim" means a civil action for damages for	1045
injury, death, or loss to person or property to the extent that	1046
the damages are sought or recovered based on allegation or proof	1047
of negligence.	1048

(F) "Noneconomic loss" means nonpecuniary harm that results	1049
from an injury, death, or loss to person that is a subject of a	1050
tort action, including, but not limited to, pain and suffering;	1051
loss of society, consortium, companionship, care, assistance,	1052
attention, protection, advice, guidance, counsel, instruction,	1053
training, or education; mental anguish; and any other intangible	1054
loss.	1055

(G)(F) "Person" has the same meaning as in division (C) of	1056
section 1.59 of the Revised Code and additionally includes a	1057
political subdivision and the state.	1058

(H)(G) "Persons from whom the plaintiff does not seek	1059
recovery in this action" includes, but is not limited to, the	1060
following:	1061

(1) Persons who have entered into a settlement agreement with	1062
the plaintiff;	1063

(2) Persons whom the plaintiff has dismissed from the tort	1064
action without prejudice;	1065

(3) Persons whom the plaintiff has dismissed from the tort	1066
action with prejudice;	1067

(4) Persons who are not a party to the tort action whether or	1068
not that person was or could have been a party to the tort action	1069
if the name of the person has been disclosed prior to trial.	1070

(I)(H) "Plaintiff" includes the person for whom the plaintiff	1071
is legal representative.	1072

(J)(I) "Political subdivision" and "state" have the same	1073
meanings as in section 2744.01 of the Revised Code.	1074

(K)(J) "Tort action" means a civil action for damages for	1075
injury, death, or loss to person or property. "Tort action"	1076
includes a product liability claim, as defined in section 2307.71	1077
of the Revised Code, but does not include a civil action for	1078
damages for a breach of contract or another agreement between	1079
persons.	1080

(L)(K) "Trier of fact" means the jury or, in a nonjury	1081
action, the court.	1082

Sec. 2307.23. (A) In determining the percentage of tortious	1083
conduct attributable to a party in a tort action under section	1084
2307.22,or sections 2315.32 to 2315.36, or sections 2315.41 to	1085
2315.46 of the Revised Code, the court in a nonjury action shall	1086
make findings of fact, and the jury in a jury action shall return	1087
a general verdict accompanied by answers to interrogatories, that	1088
shall specify all of the following:	1089

(1) The percentage of tortious conduct that proximately	1090
caused the injury or loss to person or property or the wrongful	1091
death that is attributable to the plaintiff and to each party to	1092
the tort action from whom the plaintiff seeks recovery in this	1093
action;	1094

(2) The percentage of tortious conduct that proximately	1095
caused the injury or loss to person or property or the wrongful	1096
death that is attributable to each person from whom the plaintiff	1097
does not seek recovery in this action.	1098

(B) The sum of the percentages of tortious conduct as	1099
determined pursuant to division (A) of this section shall equal	1100
one hundred per cent.	1101

(C) For purposes of division (A)(2) of this section, it is an	1102
affirmative defense for each party to the tort action from whom	1103
the plaintiff seeks recovery in this action that a specific	1104
percentage of the tortious conduct that proximately caused the	1105
injury or loss to person or property or the wrongful death is	1106
attributable to one or more persons from whom the plaintiff does	1107
not seek recovery in this action. Any party to the tort action	1108
from whom the plaintiff seeks recovery in this action may raise an	1109
affirmative defense under this division at any time before the	1110
trial of the action.	1111

Sec. 2307.29.  No provision of sections 2307.25 to 2307.28 of	1112
the Revised Code applies to a negligence or other tort claim to	1113
the extent that sections 2307.22 to 2307.24,or sections 2315.32	1114
to 2315.36, or sections 2315.41 to 2315.46 of the Revised Code	1115
make a party against whom a judgment is entered liable to the	1116
plaintiff only for the proportionate share of that party as	1117
described in those sections.	1118

Sec. 2307.60. (A) Anyone injured in person or property by a	1119
criminal act has, and may recover full damages in, a civil action	1120
unless specifically excepted by law, may recover the costs of	1121
maintaining the civil action and attorney's fees if authorized by	1122
any provision of the Rules of Civil Procedure or another section	1123
of the Revised Code or under the common law of this state, and may	1124
recover punitive or exemplary damages if authorized by section	1125
2315.21 or another section of the Revised Code. No record of a	1126
conviction, unless obtained by confession in open court, shall be	1127
used as evidence in a civil action brought pursuant to division	1128
(A) of this section.	1129

(B)(1) As used in division (B) of this section, "tort action"	1130
means a civil action for damages for injury, death, or loss to	1131
person or property other than a civil action for damages for a	1132
breach of contract or another agreement between persons. "Tort	1133
action" includes, but is not limited to, a product liability	1134
claim, as defined in section 2307.71 of the Revised Code, an	1135
action for wrongful death under Chapter 2125. of the Revised Code,	1136
and an action based on derivative claims for relief.	1137

(2) Recovery on a claim for relief in a tort action is barred	1138
to any person or the person's legal representative if the person	1139
has been convicted of or has pleaded guilty to a felony, or to a	1140
misdemeanor that is an offense of violence, arising out of	1141
criminal conduct that was a proximate cause of the injury or loss	1142
for which relief is claimed in the action.	1143

(3) Division (B) of this section does not apply to civil	1144
claims based upon alleged intentionally tortious conduct, alleged	1145
violations of the United States Constitution, or alleged	1146
violations of statutes of the United States pertaining to civil	1147
rights.	1148

Sec. 2307.71. (A) As used in sections 2307.71 to 2307.80 of	1149
the Revised Code:	1150

(A)(1) "Claimant" means either of the following:

1151

(1)(a) A person who asserts a product liability claim or on	1152
whose behalf such a claim is asserted;	1153

(2)(b) If a product liability claim is asserted on behalf of	1154
the surviving spouse, children, parents, or other next of kin of a	1155
decedent or on behalf of the estate of a decedent, whether as a	1156
claim in a wrongful death action under Chapter 2125. of the	1157
Revised Code or as a survivorship claim, whichever of the	1158
following is appropriate:	1159

(a)(i) The decedent, if the reference is to the person who	1160
allegedly sustained harm or economic loss for which, or in	1161
connection with which, compensatory damages or punitive or	1162
exemplary damages are sought to be recovered;	1163

(b)(ii) The personal representative of the decedent or the	1164
estate of the decedent, if the reference is to the person who is	1165
asserting or has asserted the product liability claim.	1166

(B)(2) "Economic loss" means direct, incidental, or	1167
consequential pecuniary loss, including, but not limited to,	1168
damage to the product in question, and nonphysical damage to	1169
property other than that product. Harm is not "economic loss."	1170

(C)(3) "Environment" means navigable waters, surface water,	1171
ground water, drinking water supplies, land surface, subsurface	1172
strata, and air.	1173

(D)(4) "Ethical drug" means a prescription drug that is	1174
prescribed or dispensed by a physician or any other person who is	1175
legally authorized to prescribe or dispense a prescription drug.	1176

(E)(5) "Ethical medical device" means a medical device that	1177
is prescribed, dispensed, or implanted by a physician or any other	1178
person who is legally authorized to prescribe, dispense, or	1179
implant a medical device and that is regulated under the "Federal	1180
Food, Drug, and Cosmetic Act," 52 Stat. 1040, 21 U.S.C. 301-392,	1181
as amended.	1182

(F)(6) "Foreseeable risk" means a risk of harm that satisfies	1183
both of the following:	1184

(1)(a) It is associated with an intended or reasonably	1185
foreseeable use, modification, or alteration of a product in	1186
question;.	1187

(2)(b) It is a risk that the manufacturer in question should	1188
recognize while exercising both of the following:	1189

(a)(i) The attention, perception, memory, knowledge, and	1190
intelligence that a reasonable manufacturer should possess;	1191

(b)(ii) Any superior attention, perception, memory,	1192
knowledge, or intelligence that the manufacturer in question	1193
possesses.	1194

(G)(7) "Harm" means death, physical injury to person, serious	1195
emotional distress, or physical damage to property other than the	1196
product in question. Economic loss is not "harm."	1197

(H)(8) "Hazardous or toxic substances" include, but are not	1198
limited to, hazardous waste as defined in section 3734.01 of the	1199
Revised Code, hazardous waste as specified in the rules of the	1200
director of environmental protection pursuant to division (A) of	1201
section 3734.12 of the Revised Code, hazardous substances as	1202
defined in section 3716.01 of the Revised Code, and hazardous	1203
substances, pollutants, and contaminants as defined in or by	1204
regulations adopted pursuant to the "Comprehensive Environmental	1205
Response, Compensation, and Liability Act of 1980," 94 Stat. 2767,	1206
42 U.S.C. 9601, as amended.	1207

(I)(9) "Manufacturer" means a person engaged in a business to	1208
design, formulate, produce, create, make, construct, assemble, or	1209
rebuild a product or a component of a product.	1210

(J)(10) "Person" has the same meaning as in division (C) of	1211
section 1.59 of the Revised Code and also includes governmental	1212
entities.	1213

(K)(11) "Physician" means a person who is licensed to	1214
practice medicine and surgery or osteopathic medicine and surgery	1215
by the state medical board.	1216

(L)(1)(12)(a) "Product" means, subject to division	1217
(L)(2)(A)(12)(b) of this section, any object, substance, mixture,	1218
or raw material that constitutes tangible personal property and	1219
that satisfies all of the following:	1220

(a)(i) It is capable of delivery itself, or as an assembled	1221
whole in a mixed or combined state, or as a component or	1222
ingredient;.	1223

(b)(ii) It is produced, manufactured, or supplied for	1224
introduction into trade or commerce;.	1225

(c)(iii) It is intended for sale or lease to persons for	1226
commercial or personal use.	1227

(2)(b) "Product" does not include human tissue, blood, or	1228
organs.	1229

(M)(13) "Product liability claim" means a claim that is	1230
asserted in a civil action pursuant to sections 2307.71 to 2307.80	1231
of the Revised Code and that seeks to recover compensatory damages	1232
from a manufacturer or supplier for death, physical injury to	1233
person, emotional distress, or physical damage to property other	1234
than the product in question, that allegedly arose from any of the	1235
following:	1236

(1)(a) The design, formulation, production, construction,	1237
creation, assembly, rebuilding, testing, or marketing of that	1238
product;	1239

(2)(b) Any warning or instruction, or lack of warning or	1240
instruction, associated with that product;	1241

(3)(c) Any failure of that product to conform to any relevant	1242
representation or warranty.	1243

(N)(14) "Representation" means an express representation of a	1244
material fact concerning the character, quality, or safety of a	1245
product.	1246

(O)(1)(15)(a) "Supplier" means, subject to division	1247
(O)(2)(A)(15)(b) of this section, either of the following:	1248

(a)(i) A person that, in the course of a business conducted	1249
for the purpose, sells, distributes, leases, prepares, blends,	1250
packages, labels, or otherwise participates in the placing of a	1251
product in the stream of commerce;	1252

(b)(ii) A person that, in the course of a business conducted	1253
for the purpose, installs, repairs, or maintains any aspect of a	1254
product that allegedly causes harm.	1255

(2)(b) "Supplier" does not include any of the following:

1256

(a)(i) A manufacturer;

1257

(b)(ii) A seller of real property;

1258

(c)(iii) A provider of professional services who, incidental	1259
to a professional transaction the essence of which is the	1260
furnishing of judgment, skill, or services, sells or uses a	1261
product;	1262

(d)(iv) Any person who acts only in a financial capacity with	1263
respect to the sale of a product, or who leases a product under a	1264
lease arrangement in which the selection, possession, maintenance,	1265
and operation of the product are controlled by a person other than	1266
the lessor.	1267

(P)(16) "Unavoidably unsafe" means that, in the state of	1268
technical, scientific, and medical knowledge at the time a product	1269
in question left the control of its manufacturer, an aspect of	1270
that product was incapable of being made safe.	1271

(B) Sections 2307.71 to 2307.80 of the Revised Code are	1272
intended to abrogate all common law product liability causes of	1273
action.	1274

Sec. 2307.711. (A) Subject to divisions (B)(1), (2), and (3)	1275
of this section, sections 2315.32 to 2315.36 of the Revised Code	1276
apply to a product liability claim that is asserted pursuant to	1277
sections 2307.71 to 2307.80 of the Revised Code.	1278

(B)(1) Express or implied assumption of the risk may be	1279
asserted as an affirmative defense to a product liability claim	1280
under sections 2307.71 to 2307.80 of the Revised Code, except that	1281
express or implied assumption of the risk may not be asserted as	1282
an affirmative defense to an intentional tort claim.	1283

(2) Subject to division (B)(3) of this section, if express or	1284
implied assumption of the risk is asserted as an affirmative	1285
defense to a product liability claim under sections 2307.71 to	1286
2307.80 of the Revised Code and if it is determined that the	1287
claimant expressly or impliedly assumed a risk and that the	1288
express or implied assumption of the risk was a direct and	1289
proximate cause of harm for which the claimant seeks to recover	1290
damages, the express or implied assumption of the risk is a	1291
complete bar to the recovery of those damages.	1292

(3) If implied assumption of the risk is asserted as an	1293
affirmative defense to a product liability claim against a	1294
supplier under division (A)(1) of section 2307.78 of the Revised	1295
Code, sections 2315.32 to 2315.36 of the Revised Code are	1296
applicable to that affirmative defense and shall be used to	1297
determine whether the claimant is entitled to recover compensatory	1298
damages based on that claim and the amount of any recoverable	1299
compensatory damages.	1300

Sec. 2307.75.  (A) Subject to divisions (D), (E), and (F) of	1301
this section, a product is defective in design or formulation if	1302
either of the following applies:	1303

(1) When, at the time it left the control of its	1304
manufacturer, the foreseeable risks associated with its design or	1305
formulation as determined pursuant to division (B) of this section	1306
exceeded the benefits associated with that design or formulation	1307
as determined pursuant to division (C) of this section;	1308

(2) It is more dangerous than an ordinary consumer would	1309
expect when used in an intended or reasonably foreseeable manner.	1310

(B) The foreseeable risks associated with the design or	1311
formulation of a product shall be determined by considering	1312
factors including, but not limited to, the following:	1313

(1) The nature and magnitude of the risks of harm associated	1314
with that design or formulation in light of the intended and	1315
reasonably foreseeable uses, modifications, or alterations of the	1316
product;	1317

(2) The likely awareness of product users, whether based on	1318
warnings, general knowledge, or otherwise, of those risks of harm;	1319

(3) The likelihood that that design or formulation would	1320
cause harm in light of the intended and reasonably foreseeable	1321
uses, modifications, or alterations of the product;	1322

(4) The extent to which that design or formulation conformed	1323
to any applicable public or private product standard that was in	1324
effect when the product left the control of its manufacturer.	1325

(C) The benefits associated with the design or formulation of	1326
a product shall be determined by considering factors including,	1327
but not limited to, the following:	1328

(1) The intended or actual utility of the product, including	1329
any performance or safety advantages associated with that design	1330
or formulation;	1331

(2) The technical and economic feasibility, when the product	1332
left the control of its manufacturer, of using an alternative	1333
design or formulation;	1334

(3) The nature and magnitude of any foreseeable risks	1335
associated with such an alternative design or formulation.	1336

(D) An ethical drug or ethical medical device is not	1337
defective in design or formulation because some aspect of it is	1338
unavoidably unsafe, if the manufacturer of the ethical drug or	1339
ethical medical device provides adequate warning and instruction	1340
under section 2307.76 of the Revised Code concerning that	1341
unavoidably unsafe aspect.	1342

(E) A product is not defective in design or formulation if	1343
the harm for which the claimant seeks to recover compensatory	1344
damages was caused by an inherent characteristic of the product	1345
which is a generic aspect of the product that cannot be eliminated	1346
without substantially compromising the product's usefulness or	1347
desirability and which is recognized by the ordinary person with	1348
the ordinary knowledge common to the community.	1349

(F) A product is not defective in design or formulation if,	1350
at the time the product left the control of its manufacturer, a	1351
practical and technically feasible alternative design or	1352
formulation was not available that would have prevented the harm	1353
for which the claimant seeks to recover compensatory damages	1354
without substantially impairing the usefulness or intended purpose	1355
of the product, unless the manufacturer acted unreasonably in	1356
introducing the product into trade or commerce.	1357

Sec. 2307.80.  (A) Subject to divisiondivisions (C) and (D)	1358
of this section, punitive or exemplary damages shall not be	1359
awarded against a manufacturer or supplier in question in	1360
connection with a product liability claim unless the claimant	1361
establishes, by clear and convincing evidence, that harm for which	1362
the claimant is entitled to recover compensatory damages in	1363
accordance with section 2307.73 or 2307.78 of the Revised Code was	1364
the result of misconduct of the manufacturer or supplier in	1365
question that manifested a flagrant disregard of the safety of	1366
persons who might be harmed by the product in question. The fact	1367
by itself that a product is defective does not establish a	1368
flagrant disregard of the safety of persons who might be harmed by	1369
that product.	1370

(B) Whether the trier of fact is a jury or the court, if the	1371
trier of fact determines that a manufacturer or supplier in	1372
question is liable for punitive or exemplary damages in connection	1373
with a product liability claim, the amount of those damages shall	1374
be determined by the court. In determining the amount of punitive	1375
or exemplary damages, the court shall consider factors including,	1376
but not limited to, the following:	1377

(1) The likelihood that serious harm would arise from the	1378
misconduct of the manufacturer or supplier in question;	1379

(2) The degree of the awareness of the manufacturer or	1380
supplier in question of that likelihood;	1381

(3) The profitability of the misconduct to the manufacturer	1382
or supplier in question;	1383

(4) The duration of the misconduct and any concealment of it	1384
by the manufacturer or supplier in question;	1385

(5) The attitude and conduct of the manufacturer or supplier	1386
in question upon the discovery of the misconduct and whether the	1387
misconduct has terminated;	1388

(6) The financial condition of the manufacturer or supplier	1389
in question;	1390

(7) The total effect of other punishment imposed or likely to	1391
be imposed upon the manufacturer or supplier in question as a	1392
result of the misconduct, including awards of punitive or	1393
exemplary damages to persons similarly situated to the claimant	1394
and the severity of criminal penalties to which the manufacturer	1395
or supplier in question has been or is likely to be subjected.	1396

(C) If(1) Except as provided in division (C)(2) of this	1397
section, if a claimant alleges in a product liability claim that a	1398
drug or device caused harm to the claimant, the manufacturer of	1399
the drug or device shall not be liable for punitive or exemplary	1400
damages in connection with that product liability claim if the	1401
drug or device that allegedly caused the harm satisfies either of	1402
the following:	1403

(a) It was manufactured and labeled in relevant and material	1404
respects in accordance with the terms of an approval or license	1405
issued by the federal food and drug administration under the	1406
"Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21	1407
U.S.C. 301-392, as amended, or the "Public Health Service Act," 58	1408
Stat. 682 (1944), 42 U.S.C. 201-300cc-15, as amended, unless it is	1409
established.	1410

(b) It was an over-the-counter drug marketed pursuant to	1411
federal regulations, was generally recognized as safe and	1412
effective and as not being misbranded pursuant to the applicable	1413
federal regulations, and satisfied in relevant and material	1414
respects each of the conditions contained in the applicable	1415
regulations and each of the conditions contained in an applicable	1416
monograph.	1417

(2) Division (C)(1) of this section does not apply if the	1418
claimant establishes, by a preponderance of the evidence, that the	1419
manufacturer fraudulently and in violation of applicable	1420
regulations of the food and drug administration withheld from the	1421
food and drug administration information known to be material and	1422
relevant to the harm that the claimant allegedly suffered or	1423
misrepresented to the food and drug administration information of	1424
that type. For	1425

(3) For purposes of this division, "drugdivisions (C) and	1426
(D) of this section:	1427

(a) "Drug" has the same meaning given to that termas in the	1428
"Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040, 1041	1429
(1938), 21 U.S.C. 321(g)(1), as amended.	1430

(b) "Federal regulations" means regulations of the United	1431
States food and drug administration that are adopted pursuant to	1432
the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938),	1433
21 U.S.C. 301-392, as amended, and that are set forth in Parts	1434
300, 400, 600, 800, and 1000 of Chapter I of Title 21 of the Code	1435
of Federal Regulations, 21 C.F.R. 300, 400, 600, 800, and 1000, as	1436
amended.	1437

(c) "Device" has the same meaning as in the "Federal Food,	1438
Drug, and Cosmetic Act," 52 Stat. 1040, 1041 (1938), 21 U.S.C.	1439
321(h), as amended.	1440

(D) If a claimant alleges in a product liability claim that a	1441
product other than a drug or device caused harm to the claimant,	1442
the manufacturer or supplier of the product shall not be liable	1443
for punitive or exemplary damages in connection with the claim if	1444
the manufacturer or supplier fully complied with all applicable	1445
government standards relative to the product's manufacture or	1446
construction, the product's design or formulation, adequate	1447
warnings or instructions, and representations when the product	1448
left the control of the manufacturer or supplier.	1449

(E) The bifurcated trial provisions of division (B) of	1450
section 2315.21 of the Revised Code, the ceiling on recoverable	1451
punitive or exemplary damages specified in division (D)(1) of that	1452
section, and the provisions of division (D)(3) of that section	1453
apply to awards of punitive or exemplary damages under this	1454
section.	1455

Sec. 2307.91.  As used in sections 2307.91 to 2307.95 of the	1456
Revised Code:	1457

(A) "AMA guides to the evaluation of permanent impairment"	1458
means the American medical association's guides to the evaluation	1459
of permanent impairment (fifth edition 2000) as may be modified by	1460
the American medical association.	1461

(B) "Asbestos" means chrysotile, amosite, crocidolite,	1462
tremolite asbestos, anthophyllite asbestos, actinolite asbestos,	1463
and any of these minerals that have been chemically treated or	1464
altered.	1465

(C) "Asbestos claim" means any claim for damages, losses,	1466
indemnification, contribution, or other relief arising out of,	1467
based on, or in any way related to asbestos. "Asbestos claim"	1468
includes a claim made by or on behalf of any person who has been	1469
exposed to asbestos, or any representative, spouse, parent, child,	1470
or other relative of that person, for injury, including mental or	1471
emotional injury, death, or loss to person, risk of disease or	1472
other injury, costs of medical monitoring or surveillance, or any	1473
other effects on the person's health that are caused by the	1474
person's exposure to asbestos.	1475

(D) "Asbestosis" means bilateral diffuse interstitial	1476
fibrosis of the lungs caused by inhalation of asbestos fibers.	1477

(E) "Board-certified internist" means a medical doctor who is	1478
currently certified by the American board of internal medicine.	1479

(F) "Board-certified oncologist" means a medical doctor who	1480
is currently certified by the American board of internal medicine	1481
in the subspecialty of medical oncology.	1482

(G) "Board-certified pathologist" means a medical doctor who	1483
is currently certified by the American board of pathology.	1484

(H) "Board-certified pulmonary specialist" means a medical	1485
doctor who is currently certified by the American board of	1486
internal medicine in the subspecialty of pulmonary medicine.	1487

(I) "Certified B-reader" means an individual qualified as a	1488
"final" or "B-reader" as defined in 42 C.F.R. section 37.51(b), as	1489
amended.	1490

(J) "Civil action" means all suits or claims of a civil	1491
nature in state or federal court, whether cognizable as cases at	1492
law or in equity or admiralty. The term "civil action" does not	1493
include an action relating to any workers' compensation law.	1494

(K) "Exposed person" means any person whose exposure to	1495
asbestos or to asbestos-containing products is the basis for an	1496
asbestos claim.	1497

(L) "Exposure years" means the following:

1498

(1) Each single year of exposure prior to 1972 will be	1499
counted as one year.	1500

(2) Each single year of exposure from 1972 through 1979 will	1501
be counted as one-half year.	1502

(3) Exposure after 1979 will not be counted, except that each	1503
year from 1972 forward for which the plaintiff can establish	1504
exposure exceeding the occupational safety and health	1505
administration (OSHA) limit for eight-hour time-weighted average	1506
airborne concentration for a substantial portion of the year will	1507
count as one year.	1508

(M) "FEV1" means forced expiratory volume in the first	1509
second, which is the maximal volume of air expelled in one second	1510
during performance of simple spirometric tests.	1511

(N) "FVC" means forced vital capacity that is maximal volume	1512
of air expired with maximum effort from a position of full	1513
inspiration.	1514

(O) "ILO scale" means the system for the classification of	1515
chest x-rays set forth in the international labour office's	1516
guidelines for the use of ILO international classification of	1517
radiographs of pneumoconioses (1980), as amended.	1518

(P) "Lung cancer" means a malignant tumor in which the	1519
primary site of origin of the cancer is inside the lungs, but that	1520
term does not include an asbestos claim based upon mesothelioma.	1521

(Q) "Mesothelioma" means a malignant tumor with a primary	1522
site of origin in the pleura or the peritoneum, which has been	1523
diagnosed by a board-certified pathologist, using standardized and	1524
accepted criteria of microscopic morphology and appropriate	1525
staining techniques.	1526

(R) "Nonmalignant condition" means a condition that is caused	1527
or may be caused by asbestos other than a diagnosed cancer.	1528

(S) "Nonsmoker" means the exposed person has not smoked	1529
cigarettes or used any other tobacco products within the last	1530
fifteen years.	1531

(T) "Pathological evidence of asbestosis" means a statement	1532
by a board-certified pathologist that more than one representative	1533
section of lung tissue uninvolved with any other disease process	1534
demonstrates a pattern of peribronchiolar or parenchymal scarring	1535
in the presence of characteristic asbestos bodies and that there	1536
is no other more likely explanation for the presence of the	1537
fibrosis.	1538

(U) "Physical impairment" means a nonmalignant condition that	1539
meets the minimum requirements of division (B) of section 2307.92	1540
of the Revised Code, lung cancer that meets the minimum	1541
requirements of division (C) of section 2307.92 of the Revised	1542
Code, or cancer of the colon, rectum, larynx, pharynx, esophagus,	1543
or stomach that meets the minimum requirements of division (D) of	1544
section 2307.92 of the Revised Code.	1545

(V) "Predicted lower limit of normal" means the fifth	1546
percentile of healthy populations based on age, height, and	1547
gender, as referenced in the AMA guides to the evaluation of	1548
permanent impairment.	1549

(W) "Qualified physician" means a medical doctor who is	1550
providing a diagnosis for purposes of constituting prima-facie	1551
evidence of an exposed person's physical impairment that meets the	1552
requirements of section 2307.92 of the Revised Code and who meets	1553
the following requirements:	1554

(1) The medical doctor is a board-certified internist,	1555
pulmonary specialist, oncologist, or pathologist.	1556

(2) The medical doctor is actually treating or has treated	1557
the exposed person and has or had a doctor-patient relationship	1558
with the person.	1559

(3) The medical doctor spends not more than ten per cent of	1560
the medical doctor's professional practice time in providing	1561
consulting or expert services in connection with actual or	1562
potential civil actions, and the medical doctor's medical group,	1563
professional corporation, clinic, or other affiliated group earns	1564
not more than twenty per cent of its revenues from providing those	1565
services.	1566

(4) The medical doctor is currently licensed to practice and	1567
actively practices in the state where the plaintiff's civil action	1568
was filed.	1569

(5) The medical doctor receives or received payment for the	1570
treatment of the exposed person from that person's HMO or other	1571
medical provider.	1572

(X) "Radiological evidence of asbestosis" means a chest x-ray	1573
showing small, irregular opacities (s, t) graded by a certified	1574
B-reader as at least 1/1 on the ILO scale.	1575

(Y) "Radiological evidence of diffuse pleural thickening"	1576
means a chest x-ray showing bilateral pleural thickening graded by	1577
a certified B-reader as at least B2 on the ILO scale and blunting	1578
of at least one costophrenic angle.	1579

(Z) "Smoker" means a person who has smoked cigarettes or	1580
other tobacco products within the last fifteen years.	1581

(AA) "Spirometry" means the measurement of volume of air	1582
inhaled or exhaled by the lung.	1583

(BB) "Substantial contributing factor" means all of the	1584
following:	1585

(1) Exposure to asbestos is the predominate cause of the	1586
physical impairment alleged in the asbestos claim.	1587

(2) The exposure to asbestos took place on a regular basis	1588
over an extended period of time and in close proximity to the	1589
exposed person.	1590

(3) A qualified physician has determined with a reasonable	1591
degree of medical certainty that the physical impairment of the	1592
exposed person would not have occurred but for the asbestos	1593
exposures.	1594

(CC) "Veterans' benefit program" means any program for	1595
benefits in connection with military service administered by the	1596
veterans' administration under title 38 of the United States Code.	1597

(DD) "Workers' compensation law" means Chapters 4121., 4123.,	1598
4127., and 4131. of the Revised Code.	1599

Sec. 2307.92.  (A) Physical impairment of the exposed person,	1600
to which the person's exposure to asbestos is a substantial	1601
contributing factor, shall be an essential element of an asbestos	1602
claim.	1603

(B) No person shall bring or maintain a civil action alleging	1604
an asbestos claim based on a nonmalignant condition in the absence	1605
of a prima-facie showing that the exposed person has a physical	1606
impairment, that the physical impairment is a result of a medical	1607
condition, and that the person's exposure to asbestos is a	1608
substantial contributing factor to the medical condition. That	1609
prima-facie showing shall include all of the following minimum	1610
requirements:	1611

(1) Evidence verifying that a qualified physician has taken a	1612
detailed occupational and exposure history of the exposed person	1613
from the exposed person or, if that person is deceased, from the	1614
person who is most knowledgeable about the exposures that form the	1615
basis of the asbestos claim for a nonmalignant condition,	1616
including all of the following:	1617

(a) All of the exposed person's principal places of	1618
employment and exposures to airborne contaminants;	1619

(b) Whether each place of employment involved exposures to	1620
airborne contaminants, including, but not limited to, asbestos	1621
fibers or other disease causing dusts, that can cause pulmonary	1622
impairment and, if that type of exposure is involved, the nature,	1623
duration, and level of the exposure.	1624

(2) Evidence verifying that a qualified physician has taken a	1625
detailed medical and smoking history of the exposed person,	1626
including a thorough review of the exposed person's past and	1627
present medical problems and the most probable causes of those	1628
medical problems;	1629

(3) A diagnosis by a qualified physician, based on a medical	1630
examination and pulmonary function testing of the exposed person,	1631
that all of the following apply to the exposed person:	1632

(a) The exposed person has a permanent respiratory impairment	1633
rating of at least class 2 as defined by and evaluated pursuant to	1634
the AMA guides to the evaluation of permanent impairment.	1635

(b) The exposed person has asbestosis or diffuse pleural	1636
thickening, based at a minimum on radiological or pathological	1637
evidence of asbestosis or radiological evidence of diffuse pleural	1638
thickening.	1639

(c) The asbestosis or diffuse pleural thickening described in	1640
division (B)(3)(b) of this section, rather than solely chronic	1641
obstructive pulmonary disease, is a substantial contributing	1642
factor to the exposed person's physical impairment, based at a	1643
minimum on a determination that the exposed person has either of	1644
the following:	1645

(i) A forced vital capacity below the predicted lower limit	1646
of normal and a ratio of FEV1 to FVC that is equal to or greater	1647
than the predicted lower limit of normal;	1648

(ii) A chest x-ray showing small, irregular opacities (s, t)	1649
graded by a certified B-reader at least 2/1 on the ILO scale.	1650

(C) No person shall bring or maintain a civil action alleging	1651
an asbestos claim based upon lung cancer in the absence of a	1652
prima-facie showing of all of the following minimum requirements:	1653

(1) A diagnosis by a board-certified pathologist,	1654
board-certified pulmonary specialist, or board-certified	1655
oncologist that the exposed person has primary lung cancer and	1656
that exposure to asbestos is a substantial contributing factor to	1657
that cancer;	1658

(2) Evidence that is sufficient to demonstrate that at least	1659
ten years have elapsed between the date of the exposed person's	1660
first exposure to asbestos and the date of diagnosis of the	1661
exposed person's primary lung cancer;	1662

(3) Either of the following:

1663

(a) In the case of an exposed person who is a nonsmoker,	1664
either of the following requirements:	1665

(i) Radiological or pathological evidence of asbestosis or	1666
radiological evidence of diffuse pleural thickening;	1667

(ii) Evidence of the exposed person's occupational exposure	1668
to asbestos for any of the applicable minimum exposure periods in	1669
the occupations as specified in divisions (D)(3)(b)(i), (ii), and	1670
(iii) of this section.	1671

(b) In the case of an exposed person who is a smoker, both of	1672
the requirements specified in divisions (C)(3)(a)(i) and (ii) of	1673
this section.	1674

(D) No person shall bring or maintain a civil action alleging	1675
an asbestos claim based upon cancer of the colon, rectum, larynx,	1676
pharynx, esophagus, or stomach, in the absence of a prima-facie	1677
showing of all of the following minimum requirements:	1678

(1) A diagnosis by a board-certified pathologist,	1679
board-certified pulmonary specialist, or board-certified	1680
oncologist, whichever is appropriate for the type of cancer	1681
claimed, that the exposed person has primary cancer of the colon,	1682
rectum, larynx, pharynx, esophagus, or stomach and that exposure	1683
to asbestos was a substantial contributing factor to that	1684
particular cancer;	1685

(2) Evidence that is sufficient to demonstrate that at least	1686
ten years have elapsed between the date of the exposed person's	1687
first exposure to asbestos and the date of diagnosis of the	1688
exposed person's particular cancer;	1689

(3) Either of the following requirements:

1690

(a) Radiological or pathological evidence of asbestos or	1691
radiological evidence of diffuse pleural thickening;	1692

(b) Evidence of the exposed person's occupational exposure to	1693
asbestos for any of the following applicable minimum exposure	1694
periods in the specified occupations:	1695

(i) Five exposure years for insulators, shipyard workers,	1696
workers in manufacturing plants handling raw asbestos,	1697
boilermakers, shipfitters, steamfitters, or other trades	1698
performing similar functions;	1699

(ii) Ten exposure years for utility and power house workers,	1700
secondary manufacturing workers, or other trades performing	1701
similar functions;	1702

(iii) Fifteen exposure years for general construction,	1703
maintenance workers, chemical and refinery workers, marine engine	1704
room personnel and other personnel on vessels, stationary	1705
engineers and firemen, railroad engine repair workers, or other	1706
trades performing similar functions.	1707

(E) No prima-facie showing is required in a civil action	1708
alleging an asbestos claim based upon mesothelioma.	1709

(F) Evidence relating to physical impairment under this	1710
section, including pulmonary function testing and diffusing	1711
studies, shall comply with the technical recommendations for	1712
examinations, testing procedures, quality assurance, quality	1713
control, and equipment incorporated in the AMA guides to the	1714
evaluation of permanent impairment and reported as set forth in 20	1715
C.F.R. Pt. 404, Subpt. P, App. 1, Part A, Sec. 3.00 E. and F., and	1716
the interpretive standards set forth in the official statement of	1717
the American thoracic society entitled "lung function testing:	1718
selection of reference values and interpretive strategies" as	1719
published in American review of respiratory disease,	1720
1991:144:1202-1218.	1721

(G) All of the following apply to the presentation of	1722
prima-facie evidence that meets the requirements of division (B),	1723
(C), or (D) of this section:	1724

(1) It does not result in any presumption at trial that the	1725
exposed person has a physical impairment that is caused by an	1726
asbestos-related condition.	1727

(2) It is not conclusive as to the liability of any defendant	1728
in the case.	1729

(3) It is not admissible at trial.

1730

Sec. 2307.93.  The plaintiff in any civil action who alleges	1731
an asbestos claim shall file together with the complaint or other	1732
initial pleading a written report and supporting test results	1733
constituting prima-facie evidence of the exposed person's physical	1734
impairment that meets the minimum requirements of division (B),	1735
(C), or (D) of section 2307.92 of the Revised Code, whichever is	1736
applicable. With respect to any asbestos claim that is pending on	1737
the effective date of this section, the plaintiff shall file the	1738
written report and supporting test results described in this	1739
section sixty days following the effective date of this section or	1740
thirty days prior to trial, whichever is earlier. The defendant in	1741
the case shall be afforded a reasonable opportunity to challenge	1742
the adequacy of the proffered prima-facie evidence of the physical	1743
impairment. The court shall dismiss the plaintiff's claim without	1744
prejudice upon a finding of failure to make the prima-facie	1745
showing required by division (B), (C), or (D) of section 2307.92	1746
of the Revised Code.	1747

Sec. 2307.94.  (A) Notwithstanding any other provision of the	1748
Revised Code, with respect to any asbestos claim based upon a	1749
nonmalignant condition that is not barred as of the effective date	1750
of this section, the period of limitations shall not begin to run	1751
until the exposed person discovers, or through the exercise of	1752
reasonable diligence should have discovered, that the person has a	1753
physical impairment due to a nonmalignant condition.	1754

(B) An asbestos claim that arises out of a nonmalignant	1755
condition shall be a distinct cause of action from an asbestos	1756
claim relating to the same exposed person that arises out of	1757
asbestos-related cancer. No damages shall be awarded for fear or	1758
risk of cancer in any civil action asserting only an asbestos	1759
claim for a nonmalignant condition.	1760

(C) No settlement of an asbestos claim for a nonmalignant	1761
condition that is concluded after the effective date of this	1762
section shall require, as a condition of settlement, the release	1763
of any future claim for asbestos-related cancer.	1764

Sec. 2307.95.  Sections 2307.91 to 2307.95 of the Revised	1765
Code shall not affect the scope or operation of any workers'	1766
compensation law or veterans' benefit program or the exclusive	1767
remedy of subrogation under the provisions of that law or program	1768
and shall not authorize any lawsuit that is barred by any	1769
provision of any workers' compensation law.	1770

Sec. 2307.96. (A) As used in this section and section 2307.97	1771
of the Revised Code:	1772

(1) "Asbestos" has the same meaning as in section 2307.91 of	1773
the Revised Code.	1774

(2) "Asbestos claim" means any claim for damages, losses,	1775
indemnification, contribution, or other relief arising out of,	1776
based on, or in any way related to asbestos. "Asbestos claim"	1777
includes any of the following:	1778

(a) A claim made by or on behalf of any person who has been	1779
exposed to asbestos, or any representative, spouse, parent, child,	1780
or other relative of that person, for injury, including mental or	1781
emotional injury, death, or loss to person, risk of disease or	1782
other injury, costs of medical monitoring or surveillance, or any	1783
other effects on the person's health that are caused by the	1784
person's exposure to asbestos;	1785

(b) A claim for damage or loss to property that is caused by	1786
the installation, presence, or removal of asbestos.	1787

(3)(a) "Successor" means a domestic corporation or a	1788
subsidiary of a domestic corporation that acquired any assets of	1789
or the stock of a foreign business corporation, if all of the	1790
following apply:	1791

(a) The transaction occurred on or before July 29, 1977.

1792

(b) The purchasing domestic corporation paid less than five	1793
million dollars for the acquisition.	1794

(c) The principal place of business of the foreign	1795
corporation was located outside the state of Ohio.	1796

(4)(a) "Successor asbestos-related liabilities," in relation	1797
to an asset purchase or a stock purchase by a successor means any	1798
liabilities, whether known or unknown, asserted or unasserted,	1799
absolute or contingent, accrued or unaccrued, liquidated or	1800
unliquidated, or due or to become due, if the liabilities are	1801
related in any way to asbestos claims and are assumed or incurred	1802
by a successor as a result of or in connection with the asset	1803
purchase or stock purchase, merger, or consolidation, or the	1804
agreement of the asset purchase or stock purchase.	1805

(b) "Successor asbestos-related liabilities" includes any	1806
liabilities described in division (A)(4)(a) of this section that,	1807
after the effective date of the asset purchase or stock purchase,	1808
are paid, otherwise discharged, committed to be paid, or committed	1809
to be otherwise discharged by or on behalf of the successor, or by	1810
or on behalf of a transferor, in connection with any judgment,	1811
settlement, or other discharge of those liabilities in this state	1812
or another jurisdiction.	1813

(5) "Transferor" means a foreign corporation or its	1814
shareholders from which successor asbestos-related liabilities are	1815
assumed or incurred by the successor.	1816

(B)(1) Except as otherwise provided in division (B)(2) of	1817
this section, the cumulative successor asbestos-related	1818
liabilities of a successor shall be limited to the fair market	1819
value of the acquired assets or stock as determined on the	1820
effective date of the asset purchase or stock purchase, merger, or	1821
consolidation.	1822

(2) If a transferor had assumed or incurred successor	1823
asbestos-related liabilities in connection with a prior asset	1824
purchase, stock purchase, merger, or consolidation involving a	1825
prior transferor, the successor asbestos-related liabilities of	1826
the successor described in division (B)(1) of this section shall	1827
be limited to the fair market value of the previously acquired	1828
assets or stock as determined on the effective date of the prior	1829
asset purchase, stock purchase, merger, or consolidation.	1830

(3) The successor described in division (B)(1) or (2) of this	1831
section shall have no responsibility for any successor	1832
asbestos-related liabilities in excess of the limitation of those	1833
liabilities as described in the applicable division.	1834

(C)(1) Except as otherwise provided in division (C)(2) of	1835
this section, the assets of a successor shall be exempt from	1836
restraint, attachment, or execution on any judgment entered in	1837
this state or another jurisdiction related to any claim for	1838
successor asbestos-related liabilities if the cumulative amounts	1839
of those liabilities that, after the effective date of the asset	1840
purchase or stock purchase that is covered by division (B) of this	1841
section, are paid or committed to be paid by or on behalf of the	1842
successor, or by or on behalf of the transferor, in connection	1843
with any judgment, settlement, or other discharge of claims of	1844
asbestos-related liabilities exceed the fair market value of the	1845
assets or stock as determined on the effective date of the asset	1846
purchase or stock purchase, merger, or consolidation.	1847

(2) If a transferor had assumed or incurred successor	1848
asbestos-related liabilities in connection with a prior asset	1849
purchase, stock purchase, merger, or consolidation involving a	1850
prior transferor, the assets of the successor described in	1851
division (C)(1) of this section shall be exempt from restraint,	1852
attachment, or execution on any judgment entered in this state or	1853
another jurisdiction related to any claim for successor	1854
asbestos-related liabilities if the cumulative amounts of those	1855
liabilities that, after the effective date of the prior asset	1856
purchase, stock purchase, merger, or consolidation, are paid or	1857
committed to be paid by or on behalf of the successor, or by or on	1858
behalf of the prior transferor, in connection with any judgment,	1859
settlement, or other discharge of claims of asbestos-related	1860
liabilities, exceed the fair market value of the previously	1861
acquired assets or stock as determined on the effective date of	1862
the prior asset purchase, stock purchase, merger, or	1863
consolidation.	1864

(D)(1) A successor may establish the fair market value of	1865
total assets under division (B) or (C) of this section by means of	1866
any method that is reasonable under the circumstances, including	1867
by reference to the going-concern value of those assets, to the	1868
purchase price attributable to or paid for the assets in an arm's	1869
length transaction, or, in the absence of other readily available	1870
information from which fair market value can be determined, to the	1871
value of those assets recorded on a balance sheet. Total assets	1872
shall include intangible assets. A showing by the successor of a	1873
reasonable determination of the fair market value of total assets	1874
is prima-facie evidence of the fair market value of those assets.	1875

(2) After a successor has established a reasonable	1876
determination of the fair market value of total assets under	1877
division (D)(1) of this section, a claimant that disputes that	1878
determination of the fair market value has the burden of	1879
establishing a different fair market value of those assets.	1880

(3) For the purpose of adjusting the limitations set forth in	1881
division (B) or (C) of this section to account for the passage of	1882
time, the fair market value of total assets on the effective date	1883
of the applicable asset purchase or stock purchase under the	1884
applicable division shall be increased annually, at the rate equal	1885
to the prime rate as listed in the first edition of the Wall	1886
Street Journal published for each calendar year since the asset	1887
purchase or stock purchase plus one per cent, not compounded,	1888
until the earlier of either of the following:	1889

(a) The date of the judgment, settlement, or other discharge	1890
of claims of successor asbestos-related liabilities to which the	1891
limitations in division (B) or (C) of this section are being	1892
applied;	1893

(b) The date on which the adjusted fair market value of total	1894
assets under division (D)(3) of this section is first exceeded by	1895
the cumulative amounts of successor asbestos-related liabilities	1896
that are paid or committed to be paid by or on behalf of the	1897
successor, or by or on behalf of a transferor, after the effective	1898
date of the asset purchase or stock purchase in connection with	1899
any judgment, settlement, or other discharge of the successor	1900
asbestos-related liabilities.	1901

(E)(1) The limitations set forth in divisions (B) and (C) of	1902
this section shall apply to the following:	1903

(a) All asbestos claims, including asbestos claims that are	1904
pending on the effective date of this section, and all litigation	1905
involving asbestos claims, including litigation that is pending on	1906
the effective date of this section;	1907

(b) Successors of a successor to which this section applies.

1908

(2) The limitations set forth in divisions (B) and (C) of	1909
this section do not apply to any of the following:	1910

(a) Workers' compensation benefits that are paid by or on	1911
behalf of an employer to an employee pursuant to any provision of	1912
Chapter 4121., 4123., 4127., or 4131. of the Revised Code or	1913
comparable workers' compensation law of another jurisdiction;	1914

(b) Any claim against a successor that does not constitute a	1915
claim for a successor asbestos-related liability;	1916

(c) An insurance corporation;

1917

(d) Any obligations arising under the "National Labor	1918
Relations Act," 49 Stat. 449, 29 U.S.C. 151 et seq., as amended,	1919
or under any collective bargaining agreement.	1920

Sec. 2307.97.  (A) A holder of shares, an owner of any	1921
beneficial interest in shares, or a subscriber for shares whose	1922
subscription has been accepted, or any affiliate or holding	1923
company of that holder, owner, or subscriber or of the	1924
corporation, shall be under no obligation to, and shall have no	1925
liability to, the corporation or to any person with respect to any	1926
obligation or liability of the corporation relating in any way to	1927
asbestos claims on the basis that the holder, owner, subscriber,	1928
affiliate, or holding company described in division (A) of this	1929
section controlled the corporation or is or was the alter ego of	1930
the corporation, or on the basis of actual fraud or constructive	1931
fraud, a sham to perpetrate a fraud, a fraudulent conveyance,	1932
piercing the corporate veil, or any other similar theory, unless	1933
the person demonstrates that the holder, owner, subscriber,	1934
affiliate, or holding company caused the corporation to be used	1935
for the purpose of perpetrating and did perpetrate an actual fraud	1936
on the person primarily for the direct pecuniary benefit of the	1937
holder, owner, subscriber, affiliate, or holding company, and then	1938
only to the extent of that direct pecuniary benefit.	1939

(B) Any liability of the holder, owner, or subscriber of	1940
shares of a corporation described in division (A) of this section	1941
or any affiliate or holding company of that holder, owner, or	1942
subscriber or of the corporation for an obligation or liability	1943
that is limited by that division is exclusive and preempts any	1944
other obligation or liability imposed upon a holder, owner, or	1945
subscriber of shares of a corporation described in that division	1946
or any affiliate or holding company of that holder, owner, or	1947
subscriber or of the corporation for that obligation or liability	1948
under common law or otherwise.	1949

Sec. 2315.01. (A) When the jury is sworn, unless for special	1950
reasons the court otherwise directs, the trial shall proceed in	1951
the following order except as provided in section 2315.02 of the	1952
Revised Code:	1953

(A)(1) The plaintiff concisely mustshall state the	1954
plaintiff's claim, and briefly may state the plaintiff's evidence	1955
to sustain it.	1956

(B)(2) The defendant must then briefly shall state the	1957
defendant's defense, and briefly may state the defendant's	1958
evidence in support of it.	1959

(C)(3) The party who would be defeated if no evidence were	1960
offered on either side, first, mustshall produce that party's	1961
evidence, and the adverse party mustshall then produce the	1962
adverse party's evidence.	1963

(D)(4) The parties then shall be confined to rebutting	1964
evidence, unless the court for good reasons,and in the	1965
furtherance of justice, permits them to offer evidence in their	1966
original cases.	1967

(E)(5) When the evidence is concluded, either party may	1968
present written instructions to the court on matters of law and	1969
request them to be given to the jury, which instructions shall be	1970
given or refused by the. The court shall give or refuse to give	1971
the written instructions to the jury before the argument to the	1972
jury is commenced.	1973

(F)(6) The parties then may submit or argue the case to the	1974
jury. The party required first to produce that party's evidence	1975
shall have the opening and closing arguments. If several	1976
defendants, havinghave separate defenses,and appear by different	1977
counsel, the court shall arrange their relative order.	1978

(G)(7) The court, after the argument is concluded,and before	1979
proceeding with other business, shall charge the jury. Any charge	1980
shall be reduced to writing by theThe court shall reduce a charge	1981
to writing if either party, before the argument to the jury is	1982
commenced, requests it. Such charge may be examined by theThe	1983
parties may examine that charge before any closing argument is	1984
made by any of the parties. AIf a charge or instruction, when so	1985
is written and given,as prescribed in this division, the court	1986
shall not be orally qualified, modifiedqualify, modify, or in any	1987
manner explainedexplain the charge or instruction to the jury by	1988
the court. All written charges and instructions shall be taken by	1989
the jurors in their retirement, shall be returned with their	1990
verdict into court, and shall remain on file with the papers of	1991
the case.	1992

(B) In all tort actions, the court shall instruct the jury	1993
regarding the extent to which an award of compensatory damages or	1994
punitive or exemplary damages is not subject to taxation under	1995
federal or state income tax laws.	1996

As used in this division, "tort action" means a civil action	1997
for damages for injury, death, or loss to person or property.	1998
"Tort action" includes a product liability claim, as defined in	1999
section 2307.71 of the Revised Code, but does not include a civil	2000
action for damages for breach of contract or another agreement	2001
between persons.	2002

Division (B) of this section shall be considered to be purely	2003
remedial in operation and shall be applied in a remedial manner in	2004
any civil action commenced on or after the effective date of this	2005
amendment, in which division (B) of this section is relevant,	2006
regardless of when the cause of action accrued and notwithstanding	2007
any other section of the Revised Code or prior rule of law of this	2008
state, but shall not be construed to apply to any civil action	2009
pending prior to the effective date of this amendment.	2010

Sec. 2315.21.  (A) As used in this section:

2011

(1) "Tort action" means a civil action for damages for injury	2012
or loss to person or property. "Tort action" includes a product	2013
liability claim for damages for injury or loss to person or	2014
property that is subject to sections 2307.71 to 2307.80 of the	2015
Revised Code, but does not include a civil action for damages for	2016
a breach of contract or another agreement between persons.	2017

(2) "Trier of fact" means the jury or, in a nonjury action,	2018
the court.	2019

(3) "Home" has the same meaning as in section 3721.10 of the	2020
Revised Code.	2021

(4) "Employer" includes, but is not limited to, a parent,	2022
subsidiary, affiliate, division, or department of the employer. If	2023
the employer is an individual, the individual shall be considered	2024
an employer under this section only if the subject of the tort	2025
action is related to the individual's capacity as an employer.	2026

(5) "Small employer" means an employer who employs not more	2027
than five hundred persons on a full-time permanent basis.	2028

(B)(1) In a tort action in which a plaintiff makes a claim	2029
for compensatory damages and a claim for punitive or exemplary	2030
damages, upon the motion of any party, the trial of the tort	2031
action shall be bifurcated as follows:	2032

(a) The initial stage of the trial shall relate only to the	2033
presentation of evidence, and a determination by the trier of	2034
fact, with respect to whether the plaintiff is entitled to recover	2035
compensatory damages for the injury or loss to person or property	2036
from the defendant. During this stage, no party to the tort action	2037
shall present, and the court shall not permit a party to present,	2038
evidence that relates solely to the issue of whether the plaintiff	2039
is entitled to recover punitive or exemplary damages for the	2040
injury or loss to person or property from the defendant.	2041

(b) If the trier of fact determines in the initial stage of	2042
the trial that the plaintiff is entitled to recover compensatory	2043
damages for the injury or loss to person or property from the	2044
defendant, evidence may be presented in the second stage of the	2045
trial, and a determination by the trier of fact shall be made,	2046
with respect to whether the plaintiff additionally is entitled to	2047
recover punitive or exemplary damages for the injury or loss to	2048
person or property from the defendant.	2049

(2) In a tort action that is tried to a jury and in which a	2050
plaintiff makes a claim for both compensatory damages and punitive	2051
or exemplary damages, the court shall instruct the jury to return,	2052
and the jury shall return, a general verdict and, if that verdict	2053
is in favor of the plaintiff, answers to an interrogatory that	2054
specifies the total compensatory damages recoverable by the	2055
plaintiff from each defendant.	2056

(3) In a tort action that is tried to a court and in which a	2057
plaintiff makes a claim for both compensatory damages and punitive	2058
or exemplary damages, the court shall make its determination with	2059
respect to whether the plaintiff is entitled to recover	2060
compensatory damages for the injury or loss to person or property	2061
from the defendant and, if that determination is in favor of the	2062
plaintiff, shall make findings of fact that specify the total	2063
compensatory damages recoverable by the plaintiff from the	2064
defendant.	2065

(C) Subject to division (D)(E) of this section, punitive or	2066
exemplary damages are not recoverable from a defendant in question	2067
in a tort action unless both of the following apply:	2068

(1) The actions or omissions of that defendant demonstrate	2069
malice, aggravated or egregious fraud, oppression, or insult, or	2070
that defendant as principal or master authorized, participated in,	2071
or ratified actions or omissions of an agent or servant that so	2072
demonstrate.	2073

(2) The trier of fact has returned a verdict or has made a	2074
determination pursuant to division (B)(2) or (3) of this section	2075
of the total compensatory damages recoverable by the plaintiff in	2076
question has adduced proof of actual damages that resulted from	2077
actions or omissions as described in division (B)(1) of this	2078
sectionfrom that defendant.	2079

(C)(D)(1) In a tort action, the trier of fact shall determine	2080
the liability of any defendant for punitive or exemplary damages	2081
and the amount of those damages. Both of the following apply	2082
regarding any award of punitive or exemplary damages in a tort	2083
action:	2084

(a) The court shall not enter judgment for punitive or	2085
exemplary damages in excess of the greater of the amount of the	2086
compensatory damages awarded to the plaintiff from that defendant	2087
or one hundred thousand dollars, as determined pursuant to	2088
division (B)(2) or (3) of this section.	2089

(b) If the defendant is a small employer, the court shall not	2090
enter judgment for punitive or exemplary damages in excess of the	2091
lesser of the amount of the compensatory damages awarded to the	2092
plaintiff from the defendant or one hundred thousand dollars, as	2093
determined pursuant to division (B)(2) or (3) of this section.	2094

(2) No award of prejudgment interest under division (C)(1) of	2095
section 1343.03 of the Revised Code shall include any prejudgment	2096
interest on punitive or exemplary damages found by the trier of	2097
fact.	2098

(3) In a tort action, the burden of proof shall be upon a	2099
plaintiff in question, by clear and convincing evidence, to	2100
establish that the plaintiff is entitled to recover punitive or	2101
exemplary damages.	2102

(4)(a) In any tort action, except as provided in division	2103
(D)(4)(b) of this section, punitive or exemplary damages shall not	2104
be awarded against a defendant if that defendant files with the	2105
court a certified judgment, judgment entries, or other evidence	2106
showing that punitive or exemplary damages have already been	2107
awarded and have been collected, in any state or federal court,	2108
against that defendant based on the same act or course of conduct	2109
that is alleged to have caused the injury or loss to person or	2110
property for which the plaintiff seeks compensatory damages and	2111
that the aggregate of those previous punitive or exemplary damage	2112
awards exceeds the maximum amount of punitive or exemplary damages	2113
that may be awarded under division (D)(1) of this section against	2114
that defendant in the tort action.	2115

(b) Notwithstanding division (D)(4)(a) of this section,	2116
punitive or exemplary damages may be awarded against a defendant	2117
in either of the following types of tort actions:	2118

(i) In subsequent tort actions involving the same act or	2119
course of conduct for which punitive or exemplary damages have	2120
already been awarded, if the court determines by clear and	2121
convincing evidence that the plaintiff will offer new and	2122
substantial evidence of previously undiscovered, additional	2123
behavior of a type described in division (C) of this section on	2124
the part of that defendant, other than the injury or loss for	2125
which the plaintiff seeks compensatory damages. In that case, the	2126
court shall make specific findings of fact in the record to	2127
support its conclusion. The court shall reduce the amount of any	2128
punitive or exemplary damages otherwise awardable pursuant to this	2129
section by the sum of the punitive or exemplary damages awards	2130
previously rendered against that defendant in any state or federal	2131
court. The court shall not inform the jury about the court's	2132
determination and action under division (D)(4)(b)(i) of this	2133
section.	2134

(ii) In subsequent tort actions involving the same act or	2135
course of conduct for which punitive or exemplary damages have	2136
already been awarded, if the court determines by clear and	2137
convincing evidence that the total amount of prior punitive or	2138
exemplary damages awards was totally insufficient to punish that	2139
defendant's behavior of a type described in division (C) of this	2140
section and to deter that defendant and others from similar	2141
behavior in the future. In that case, the court shall make	2142
specific findings of fact in the record to support its conclusion.	2143
The court shall reduce the amount of any punitive or exemplary	2144
damages otherwise awardable pursuant to this section by the sum of	2145
the punitive or exemplary damages awards previously rendered	2146
against that defendant in any state or federal court. The court	2147
shall not inform the jury about the court's determination and	2148
action under division (D)(4)(b)(ii) of this section.	2149

(D)(E) This section does not apply to tort actions against	2150
the state in the court of claims or to the extent that another	2151
section of the Revised Code expressly provides any of the	2152
following:	2153

(1) Punitive or exemplary damages are recoverable from a	2154
defendant in question in a tort action on a basis other than that	2155
the actions or omissions of that defendant demonstrate malice,	2156
aggravated or egregious fraud, oppression, or insult, or on a	2157
basis other than that the defendant in question as principal or	2158
master authorized, participated in, or ratified actions or	2159
omissions of an agent or servant that so demonstrate.	2160

(2) Punitive or exemplary damages are recoverable from a	2161
defendant in question in a tort action irrespective of whether the	2162
plaintiff in question has adduced proof of actual damages.	2163

(3) The burden of proof upon a plaintiff in question to	2164
recover punitive or exemplary damages from a defendant in question	2165
in a tort action is one other than clear and convincing evidence.	2166

(4) Punitive or exemplary damages are not recoverable from a	2167
defendant in question in a tort action.	2168

(E)(F) When determining the amount of an award of punitive or	2169
exemplary damages against either a home or a residential facility	2170
licensed under section 5123.19 of the Revised Code, the trier of	2171
fact shall consider all of the following:	2172

(1) The ability of the home or residential facility to pay	2173
the award of punitive or exemplary damages based on the home's or	2174
residential facility's assets, income, and net worth;	2175

(2) Whether the amount of punitive or exemplary damages is	2176
sufficient to deter future tortious conduct;	2177

(3) The financial ability of the home or residential	2178
facility, both currently and in the future, to provide	2179
accommodations, personal care services, and skilled nursing care.	2180

Sec. 2315.32. (A) Sections 2315.32 to 2315.36 of the Revised	2181
Code do not apply to tort actions based on a product liability	2182
claimdescribed in section 4113.03 of the Revised Code.	2183

(B) The contributory fault of the plaintiff may be asserted	2184
as an affirmative defense to a negligence claim or to a tort claim	2185
other than a negligence claim, except that the contributory fault	2186
of the plaintiff may not be asserted as an affirmative defense to	2187
an intentional tort claim.	2188

Sec. 2315.33. The contributory fault of a person does not bar	2189
the person as plaintiff from recovering damages that have directly	2190
and proximately resulted from the tortious conduct of one or more	2191
other persons, if the contributory fault of the plaintiff was not	2192
greater than the combined tortious conduct of all other persons	2193
from whom the plaintiff seeks recovery in this action and of all	2194
other persons from whom the plaintiff does not seek recovery in	2195
this action. The court shall diminish any compensatory damages	2196
recoverable by the plaintiff by an amount that is proportionately	2197
equal to the percentage of tortious conduct of the plaintiff as	2198
determined pursuant to section 2315.34 of the Revised Code. This	2199
section does not apply to actions described in section 4113.03 of	2200
the Revised Code.	2201

Sec. 2315.34. If contributory fault is asserted and	2202
established as an affirmative defense to a negligencetort claim,	2203
the court in a nonjury action shall make findings of fact, and the	2204
jury in a jury action shall return a general verdict accompanied	2205
by answers to interrogatories, that shall specify the following:	2206

(A) The total amount of the compensatory damages that would	2207
have been recoverable on that negligencetort claim but for the	2208
tortious conduct of the plaintiff;	2209

(B) The portion of the compensatory damages specified under	2210
division (A) of this section that represents economic loss;	2211

(C) The portion of the compensatory damages specified under	2212
division (A) of this section that represents noneconomic loss;	2213

(D) The percentage of tortious conduct attributable to all	2214
persons as determined pursuant to section 2307.23 of the Revised	2215
Code.	2216

Sec. 2315.36. If contributory fault is asserted as an	2217
affirmative defense to a negligencetort claim, if it is	2218
determined that the plaintiff was contributorily at fault and that	2219
contributory fault was a direct and proximate cause of the injury,	2220
death, or loss to person or property that is the subject of the	2221
tort action, and if the plaintiff is entitled to recover	2222
compensatory damages pursuant to section 2315.33 of the Revised	2223
Code from more than one party, after it makes findings of fact or	2224
after the jury returns its general verdict accompanied by answers	2225
to interrogatories as described in section 2315.34 of the Revised	2226
Code, the court shall enter a judgment that is in favor of the	2227
plaintiff and that imposes liability pursuant to section 2307.22	2228
of the Revised Code.	2229

Sec. 2323.41. (A) In any civiltort action upon a medical,	2230
dental, optometric, or chiropractic claim, the defendant may	2231
introduce evidence of any amount payable as a benefit to the	2232
plaintiff as a result of the damages that result from an injury,	2233
death, or loss to person or property that is the subject of the	2234
claim upon which the action is based, except if the source of	2235
collateral benefits has a mandatory self-effectuating federal	2236
right of subrogation, a contractual right of subrogation, or a	2237
statutory right of subrogation.	2238

(B) If the defendant elects to introduce evidence described	2239
in division (A) of this section, the plaintiff may introduce	2240
evidence of any amount that the plaintiff has paid or contributed	2241
to secure the plaintiff's right to receive the benefits of which	2242
the defendant has introduced evidence.	2243

(C) A source of collateral benefits of which evidence is	2244
introduced pursuant to division (A) of this section shall not	2245
recover any amount against the plaintiff nor shall it be	2246
subrogated to the rights of the plaintiff against a defendant.	2247

(D) As used in this section, "medical:

2248

(1) "Tort action" means a civil action for damages for	2249
injury, death, or loss to person or property. "Tort action"	2250
includes a civil action upon a product liability claim or a civil	2251
action upon a medical claim, dental claim, optometric claim, or	2252
chiropractic claim. "Tort action" does not include a civil action	2253
for damages for a breach of contract or another agreement between	2254
persons.	2255

(2) "Medical claim," "dental claim," "optometric claim," and	2256
"chiropractic claim" have the same meanings as in section 2305.113	2257
of the Revised Code.	2258

(3) "Product liability claim" has the same meaning as in	2259
section 2307.71 of the Revised Code.	2260

Sec. 2323.43. (A) In a civiltort action upon a medical,	2261
dental, optometric, or chiropractic claim to recover damages for	2262
injury, death, or loss to person or property, all of the following	2263
apply:	2264

(1) There shall not be any limitation on the amount of	2265
compensatory damages that representrepresents the economic loss	2266
of the person who is awarded the damages in the civiltort action.	2267

(2) Except as otherwise provided in division (A)(3) of this	2268
section, the amount of compensatory damages that represents	2269
damages for noneconomic loss that is recoverable in a civiltort	2270
action under this section to recover damages for injury, death, or	2271
loss to person or property shall not exceed the greater of two	2272
hundred fifty thousand dollars or an amount that is equal to three	2273
times the plaintiff's economic loss, as determined by the trier of	2274
fact, of the plaintiff in that tort action to a maximum of three	2275
hundred fifty thousand dollars for each plaintiff in that tort	2276
action or a maximum of five hundred thousand dollars for each	2277
occurrence that is the basis of that tort action.	2278

(3) The amount recoverable for noneconomic loss in a civil	2279
tort action under this section may exceed the amount described in	2280
division (A)(2) of this section but shall not exceed five hundred	2281
thousand dollars for each plaintiff in that tort action or one	2282
million dollars for each occurrence that is the basis of that tort	2283
action if the noneconomic losses of the plaintiff in that tort	2284
action are for either of the following:	2285

(a) Permanent and substantial physical deformity, loss of use	2286
of a limb, or loss of a bodily organ system;	2287

(b) Permanent physical functional injury that permanently	2288
prevents the injured person from being able to independently care	2289
for self and perform life sustaining activities.	2290

(B) If a trial is conducted in a civiltort action upon a	2291
medical, dental, optometric, or chiropractic claim to recover	2292
damages for injury, death, or loss to person or property and a	2293
plaintiff prevails with respect toin that claimaction, the court	2294
in a nonjury trial shall make findings of fact, and the jury in a	2295
jury trial shall return a general verdict accompanied by answers	2296
to interrogatories, that shall specify all of the following:	2297

(1) The total compensatory damages recoverable by the	2298
plaintiff;	2299

(2) The portion of the total compensatory damages that	2300
represents damages for economic loss;	2301

(3) The portion of the total compensatory damages that	2302
represents damages for noneconomic loss.	2303

(C)(1) After the trier of fact in a civiltort action upon a	2304
medical, dental, optometric, or chiropractic claim to recover	2305
damages for injury, death, or loss to person or property complies	2306
with division (B) of this section, the court shall enter a	2307
judgment in favor of the plaintiff for compensatory damages for	2308
economic loss in the amount determined pursuant to division (B)(2)	2309
of this section, and, subject to division (D)(1) of this section,	2310
the court shall enter a judgment in favor of the plaintiff for	2311
compensatory damages for noneconomic loss. In no event shall a	2312
judgment for compensatory damages for noneconomic loss exceed the	2313
maximum recoverable amount that represents damages for noneconomic	2314
loss as provided in divisions (A)(2) and (3) of this section.	2315
Division (A) of this section shall be applied in a jury trial only	2316
after the jury has made its factual findings and determination as	2317
to the damages.	2318

(2) Prior to the trial in the civiltort action, any party	2319
may seek summary judgment with respect to the nature of the	2320
alleged injury or loss to person or property, seeking a	2321
determination of the damages as described in division (A)(2) or	2322
(3) of this section.	2323

(D)(1) A court of common pleas has no jurisdiction to enter	2324
judgment on an award of compensatory damages for noneconomic loss	2325
in excess of the limits set forth in this section.	2326

(2) If the trier of fact is a jury, the court shall not	2327
instruct the jury with respect to the limit on compensatory	2328
damages for noneconomic loss described in divisions (A)(2) and (3)	2329
of this section, and neither counsel for any party nor a witness	2330
shall inform the jury or potential jurors of that limit.	2331

(E) Any excess amount of compensatory damages for noneconomic	2332
loss that is greater than the applicable amount specified in	2333
division (A)(2) or (3) of this section shall not be reallocated to	2334
any other tortfeasor beyond the amount of compensatory damages	2335
that that tortfeasor would otherwise be responsible for under the	2336
laws of this state.	2337

(F)(1) If pursuant to a contingency fee agreement between an	2338
attorney and a plaintiff in a civil action upon a medical claim,	2339
dental claim, optometric claim, or chiropractic claim, the amount	2340
of the attorney's fees exceed the applicable amount of the limits	2341
on compensatory damages for noneconomic loss as provided in	2342
division (A)(2) or (3) of this section, the attorney shall make an	2343
application in the probate court of the county in which the civil	2344
action was commenced or in which the settlement was entered. The	2345
application shall contain a statement of facts, including the	2346
amount to be allocated to the settlement of the claim, the amount	2347
of the settlement or judgment that represents the compensatory	2348
damages for economic loss and noneconomic loss, the relevant	2349
provision in the contingency fee agreement, and the dollar amount	2350
of the attorney's fees under the contingency fee agreement. The	2351
application shall include the proposed distribution of the amount	2352
of the judgment or settlement.	2353

(2) The attorney shall give written notice of the hearing and	2354
a copy of the application under division (F)(1) of this section to	2355
all interested persons who have not waived notice of the hearing.	2356
Notwithstanding the waivers and consents of the interested	2357
persons, the probate court shall retain jurisdiction over the	2358
settlement, allocation, and distribution of the claim.	2359

(3) The application under division (F)(1) of this section	2360
shall state the arrangements, if any, that have been made with	2361
respect to the attorney's fees. The attorney's fees shall be	2362
subject to the approval of the probate court.	2363

(G) This section does not apply to any of the following:

2364

(1) CivilTort actions upon a medical, dental, optometric, or	2365
chiropractic claim that are brought against the state in the court	2366
of claims, including, but not limited to, those actions in which a	2367
state university or college is a defendant and to which division	2368
(B)(3) of section 3345.40 of the Revised Code applies;	2369

(2) CivilTort actions upon a medical, dental, optometric, or	2370
chiropractic claim that are brought against political subdivisions	2371
of this state and that are commenced under or are subject to	2372
Chapter 2744. of the Revised Code. Division (C) of section 2744.05	2373
of the Revised Code applies to recoverable damages in those	2374
actions;	2375

(3) Wrongful death actions brought pursuant to Chapter 2125.	2376
of the Revised Code.	2377

(H) As used in this section:

2378

(1) "Economic loss" means any of the following types of	2379
pecuniary harm:	2380

(a) All wages, salaries, or other compensation lost as a	2381
result of an injury, death, or loss to person or property that is	2382
a subject of a civiltort action upon a medical, dental,	2383
optometric, or chiropractic claim;	2384

(b) All expenditures for medical care or treatment,	2385
rehabilitation services, or other care, treatment, services,	2386
products, or accommodations as a result of an injury, death, or	2387
loss to person or property that is a subject of a civiltort	2388
action upon a medical, dental, optometric, or chiropractic claim;	2389

(c) Any other expenditures incurred as a result of an injury,	2390
death, or loss to person or property that is a subject of a civil	2391
tort action upon a medical, dental, optometric, or chiropractic	2392
claim, other than attorney's fees incurred in connection with that	2393
action.	2394

(2) "Medical claim," "dental claim," "optometric claim," and	2395
"chiropractic claim" have the same meanings as in section 2305.113	2396
of the Revised Code.	2397

(3) "Noneconomic loss" means nonpecuniary harm that results	2398
from an injury, death, or loss to person or property that is a	2399
subject of a civiltort action upon a medical, dental, optometric,	2400
or chiropractic claim, including, but not limited to, pain and	2401
suffering, loss of society, consortium, companionship, care,	2402
assistance, attention, protection, advice, guidance, counsel,	2403
instruction, training, or education, disfigurement, mental	2404
anguish, and any other intangible loss.	2405

(4) "Tort action" means a civil action for damages for injury	2406
or loss to person or property. "Tort action" includes a civil	2407
action upon a product liability claim, as defined in section	2408
2307.71 of the Revised Code, or a civil action upon a medical	2409
claim, dental claim, optometric claim, or chiropractic claim.	2410
"Tort action" does not include a civil action for damages for a	2411
breach of contract or another agreement between persons.	2412

(5) "Trier of fact" means the jury or, in a nonjury action,	2413
the court.	2414

Sec. 2323.51.  (A) As used in this section:

2415

(1) "Conduct" means any of the following:

2416

(a) The filing of a civil action, the assertion of a claim,	2417
defense, or other position in connection with a civil action, the	2418
filing of a pleading, motion, or other paper in a civil action,	2419
including, but not limited to, a motion or paper filed for	2420
discovery purposes, or the taking of any other action in	2421
connection with a civil action;	2422

(b) The filing by an inmate of a civil action or appeal	2423
against a government entity or employee, the assertion of a claim,	2424
defense or other position in connection with a civil action of	2425
that nature or the assertion of issues of law in an appeal of that	2426
nature, or the taking of any other action in connection with a	2427
civil action or appeal of that nature.	2428

(2) "Frivolous conduct" means either of the following:

2429

(a) Conduct of an inmate or other party to a civil action, of	2430
an inmate who has filed an appeal of the type described in	2431
division (A)(1)(b) of this section, or of the inmate's or other	2432
party's counsel of record that satisfies eitherany of the	2433
following:	2434

(i) It obviously serves merely to harass or maliciously	2435
injure another party to the civil action or appeal or is for	2436
another improper purpose, including, but not limited to, causing	2437
unnecessary delay or a needless increase in the cost of	2438
litigation.	2439

(ii) It is not warranted under existing law and, cannot be	2440
supported by a good faith argument for an extension, modification,	2441
or reversal of existing law, or cannot be supported by a good	2442
faith argument for the establishment of new law.	2443

(iii) The conduct consists of allegations or other factual	2444
contentions that have no evidentiary support or, if specifically	2445
so identified, are not likely to have evidentiary support after a	2446
reasonable opportunity for further investigation or discovery.	2447

(iv) The conduct consists of denials or factual contentions	2448
that are not warranted by the evidence or, if specifically so	2449
identified, are not reasonably based on a lack of information or	2450
belief.	2451

(b) An inmate's commencement of a civil action or appeal	2452
against a government entity or employee when any of the following	2453
applies:	2454

(i) The claim that is the basis of the civil action fails to	2455
state a claim or the issues of law that are the basis of the	2456
appeal fail to state any issues of law.	2457

(ii) It is clear that the inmate cannot prove material facts	2458
in support of the claim that is the basis of the civil action or	2459
in support of the issues of law that are the basis of the appeal.	2460

(iii) The claim that is the basis of the civil action is	2461
substantially similar to a claim in a previous civil action	2462
commenced by the inmate or the issues of law that are the basis of	2463
the appeal are substantially similar to issues of law raised in a	2464
previous appeal commenced by the inmate, in that the claim that is	2465
the basis of the current civil action or the issues of law that	2466
are the basis of the current appeal involve the same parties or	2467
arise from the same operative facts as the claim or issues of law	2468
in the previous civil action or appeal.	2469

(3) "Civil action or appeal against a government entity or	2470
employee," "inmate," "political subdivision," and "employee" have	2471
the same meanings as in section 2969.21 of the Revised Code.	2472

(4) "Reasonable attorney's fees" or "attorney's fees," when	2473
used in relation to a civil action or appeal against a government	2474
entity or employee, includes both of the following, as applicable:	2475

(a) The approximate amount of the compensation, and the	2476
fringe benefits, if any, of the attorney general, an assistant	2477
attorney general, or special counsel appointed by the attorney	2478
general that has been or will be paid by the state in connection	2479
with the legal services that were rendered by the attorney	2480
general, assistant attorney general, or special counsel in the	2481
civil action or appeal against the government entity or employee,	2482
including, but not limited to, a civil action or appeal commenced	2483
pro se by an inmate, and that were necessitated by frivolous	2484
conduct of an inmate represented by counsel of record, the counsel	2485
of record of an inmate, or a pro se inmate.	2486

(b) The approximate amount of the compensation, and the	2487
fringe benefits, if any, of a prosecuting attorney or other chief	2488
legal officer of a political subdivision, or an assistant to a	2489
chief legal officer of those natures, who has been or will be paid	2490
by a political subdivision in connection with the legal services	2491
that were rendered by the chief legal officer or assistant in the	2492
civil action or appeal against the government entity or employee,	2493
including, but not limited to, a civil action or appeal commenced	2494
pro se by an inmate, and that were necessitated by frivolous	2495
conduct of an inmate represented by counsel of record, the counsel	2496
of record of an inmate, or a pro se inmate.	2497

(5) "State" has the same meaning as in section 2743.01 of the	2498
Revised Code.	2499

(6) "State correctional institution" has the same meaning as	2500
in section 2967.01 of the Revised Code.	2501

(B)(1) Subject to divisions (B)(2) and (3), (C), and (D) of	2502
this section and except as otherwise provided in division	2503
(E)(2)(b) of section 101.15 or division (I)(2)(b) of section	2504
121.22 of the Revised Code, at any time prior to the commencement	2505
of the trial in a civil action or within twenty-one days after the	2506
entry of judgment in a civil action or at any time prior to the	2507
hearing in an appeal of the type described in division (A)(1)(b)	2508
of this section that is filed by an inmate or within twenty-one	2509
days after the entry of judgment in an appeal of that nature, the	2510
courtnot more than thirty days after the entry of final judgment	2511
in a civil action or appeal, any party adversely affected by	2512
frivolous conduct may file a motion for an award of court costs,	2513
reasonable attorney's fees, and other reasonable expenses incurred	2514
in connection with the civil action or appeal to any party to the	2515
civil action or appeal who was adversely affected by frivolous	2516
conduct. The court may assess and make an award may be assessedto	2517
any party to the civil action or appeal who was adversely affected	2518
by frivolous conduct, as provided in division (B)(4) of this	2519
section.	2520

(2) An award may be made pursuant to division (B)(1) of this	2521
section upon the motion of a party to a civil action or an appeal	2522
of the type described in that division or on the court's own	2523
initiative, but only after the court does all of the following:	2524

(a) Sets a date for a hearing to be conducted in accordance	2525
with division (B)(2)(c) of this section, to determine whether	2526
particular conduct was frivolous, to determine, if the conduct was	2527
frivolous, whether any party was adversely affected by it, and to	2528
determine, if an award is to be made, the amount of that award;	2529

(b) Gives notice of the date of the hearing described in	2530
division (B)(2)(a) of this section to each party or counsel of	2531
record who allegedly engaged in frivolous conduct and to each	2532
party who allegedly was adversely affected by frivolous conduct;	2533

(c) Conducts the hearing described in division (B)(2)(a) of	2534
this section in accordance with this division, allows the parties	2535
and counsel of record involved to present any relevant evidence at	2536
the hearing, including evidence of the type described in division	2537
(B)(5) of this section, determines that the conduct involved was	2538
frivolous and that a party was adversely affected by it, and then	2539
determines the amount of the award to be made. If any party or	2540
counsel of record who allegedly engaged in or allegedly was	2541
adversely affected by frivolous conduct is confined in a state	2542
correctional institution or in a county, multicounty, municipal,	2543
municipal-county, or multicounty-municipal jail or workhouse, the	2544
court, if practicable, may hold the hearing by telephone or, in	2545
the alternative, at the institution, jail, or workhouse in which	2546
the party or counsel is confined.	2547

(3) The amount of an award made pursuant to division (B)(1)	2548
of this section that represents reasonable attorney's fees shall	2549
not exceed, and may be equal to or less than, whichever of the	2550
following is applicable:	2551

(a) If the party is being represented on a contingent fee	2552
basis, an amount that corresponds to reasonable fees that would	2553
have been charged for legal services had the party been	2554
represented on an hourly fee basis or another basis other than a	2555
contingent fee basis;	2556

(b) In all situations other than that described in division	2557
(B)(3)(a) of this section, the attorney's fees that were	2558
reasonably incurred by a party.	2559

(4) An award made pursuant to division (B)(1) of this section	2560
may be made against a party, the party's counsel of record, or	2561
both.	2562

(5)(a) In connection with the hearing described in division	2563
(B)(2)(a) of this section, each party who may be awarded	2564
reasonable attorney's fees and the party's counsel of record may	2565
submit to the court or be ordered by the court to submit to it,	2566
for consideration in determining the amount of the reasonable	2567
attorney's fees, an itemized list or other evidence of the legal	2568
services rendered, the time expended in rendering the services,	2569
and whichever of the following is applicable:	2570

(i) If the party is being represented by that counsel on a	2571
contingent fee basis, the reasonable attorney's fees that would	2572
have been associated with those services had the party been	2573
represented by that counsel on an hourly fee basis or another	2574
basis other than a contingent fee basis;	2575

(ii) In all situations other than those described in division	2576
(B)(5)(a)(i) of this section, the attorney's fees associated with	2577
those services.	2578

(b) In connection with the hearing described in division	2579
(B)(2)(a) of this section, each party who may be awarded court	2580
costs and other reasonable expenses incurred in connection with	2581
the civil action or appeal may submit to the court or be ordered	2582
by the court to submit to it, for consideration in determining the	2583
amount of the costs and expenses, an itemized list or other	2584
evidence of the costs and expenses that were incurred in	2585
connection with that action or appeal and that were necessitated	2586
by the frivolous conduct, including, but not limited to, expert	2587
witness fees and expenses associated with discovery.	2588

(C) An award of reasonable attorney's fees under this section	2589
does not affect or determine the amount of or the manner of	2590
computation of attorney's fees as between an attorney and the	2591
attorney's client.	2592

(D) This section does not affect or limit the application of	2593
any provision of the Rules of Civil Procedure, the Rules of	2594
Appellate Procedure, or another court rule or section of the	2595
Revised Code to the extent that the provision prohibits an award	2596
of court costs, attorney's fees, or other expenses incurred in	2597
connection with a particular civil action or appeal or authorizes	2598
an award of court costs, attorney's fees, or other expenses	2599
incurred in connection with a particular civil action or appeal in	2600
a specified manner, generally, or subject to limitations.	2601

Sec. 4507.07.  (A) The registrar of motor vehicles shall not	2602
grant the application of any minor under eighteen years of age for	2603
a probationary license, a restricted license, or a temporary	2604
instruction permit, unless the application is signed by one of the	2605
minor's parents, the minor's guardian, another person having	2606
custody of the applicant, or, if there is no parent or guardian, a	2607
responsible person who is willing to assume the obligation imposed	2608
under this section.	2609

At the time a minor under eighteen years of age submits an	2610
application for a license or permit at a driver's license	2611
examining station, the adult who signs the application shall	2612
present identification establishing that the adult is the	2613
individual whose signature appears on the application. The	2614
registrar shall prescribe, by rule, the types of identification	2615
that are suitable for the purposes of this paragraph. If the adult	2616
who signs the application does not provide identification as	2617
required by this paragraph, the application shall not be accepted.	2618

When a minor under eighteen years of age applies for a	2619
probationary license, a restricted license, or a temporary	2620
instruction permit, the registrar shall give the adult who signs	2621
the application notice of the potential liability that may be	2622
imputed to the adult pursuant to division (B) of this section and	2623
notice of how the adult may prevent any liability from being	2624
imputed to the adult pursuant to that division.	2625

(B) Any negligence, or willful or wanton misconduct, that is	2626
committed by a minor under eighteen years of age when driving a	2627
motor vehicle upon a highway shall be imputed to the person who	2628
has signed the application of the minor for a probationary	2629
license, restricted license, or temporary instruction permit,	2630
which person shall be jointly and severally liable with the minor	2631
for any damages caused by the negligence or the willful or wanton	2632
misconduct. This joint and several liability is not subject to	2633
section 2307.22,or 2315.36, or 2315.46 of the Revised Code with	2634
respect to a negligencetort claim that otherwise is subject to	2635
that section.	2636

There shall be no imputed liability imposed under this	2637
division if a minor under eighteen years of age has proof of	2638
financial responsibility with respect to the operation of a motor	2639
vehicle owned by the minor or, if the minor is not the owner of a	2640
motor vehicle, with respect to the minor's operation of any motor	2641
vehicle, in the form and in the amounts required under Chapter	2642
4509. of the Revised Code.	2643

(C) Any person who has signed the application of a minor	2644
under eighteen years of age for a license or permit subsequently	2645
may surrender to the registrar the license or temporary	2646
instruction permit of the minor and request that the license or	2647
permit be canceled. The registrar then shall cancel the license or	2648
temporary instruction permit, and the person who signed the	2649
application of the minor shall be relieved from the liability	2650
imposed by division (B) of this section.	2651

(D) Any minor under eighteen years of age whose probationary	2652
license, restricted license, or temporary instruction permit is	2653
surrendered to the registrar by the person who signed the	2654
application for the license or permit and whose license or	2655
temporary instruction permit subsequently is canceled by the	2656
registrar may obtain a new license or temporary instruction permit	2657
without having to undergo the examinations otherwise required by	2658
sections 4507.11 and 4507.12 of the Revised Code and without	2659
having to tender the fee for that license or temporary instruction	2660
permit, if the minor is able to produce another parent, guardian,	2661
other person having custody of the minor, or other adult, and that	2662
adult is willing to assume the liability imposed under division	2663
(B) of this section. That adult shall comply with the procedures	2664
contained in division (A) of this section.	2665

Sec. 4513.263.  (A) As used in this section and in section	2666
4513.99 of the Revised Code:	2667

(1) "Automobile" means any commercial tractor, passenger car,	2668
commercial car, or truck that is required to be factory-equipped	2669
with an occupant restraining device for the operator or any	2670
passenger by regulations adopted by the United States secretary of	2671
transportation pursuant to the "National Traffic and Motor Vehicle	2672
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	2673

(2) "Occupant restraining device" means a seat safety belt,	2674
shoulder belt, harness, or other safety device for restraining a	2675
person who is an operator of or passenger in an automobile and	2676
that satisfies the minimum federal vehicle safety standards	2677
established by the United States department of transportation.	2678

(3) "Passenger" means any person in an automobile, other than	2679
its operator, who is occupying a seating position for which an	2680
occupant restraining device is provided.	2681

(4) "Commercial tractor," "passenger car," and "commercial	2682
car" have the same meanings as in section 4501.01 of the Revised	2683
Code.	2684

(5) "Vehicle" and "motor vehicle," as used in the definitions	2685
of the terms set forth in division (A)(4) of this section, have	2686
the same meanings as in section 4511.01 of the Revised Code.	2687

(6) "Tort action" means a civil action for damages for	2688
injury, death, or loss to person or property. "Tort action"	2689
includes a product liability claim, as defined in section 2307.71	2690
of the Revised Code, but does not include a civil action for	2691
damages for a breach of contract or another agreement between	2692
persons.	2693

(B) No person shall do any of the following:

2694

(1) Operate an automobile on any street or highway unless	2695
that person is wearing all of the available elements of a properly	2696
adjusted occupant restraining device, or operate a school bus that	2697
has an occupant restraining device installed for use in its	2698
operator's seat unless that person is wearing all of the available	2699
elements of the device, as properly adjusted;	2700

(2) Operate an automobile on any street or highway unless	2701
each passenger in the automobile who is subject to the requirement	2702
set forth in division (B)(3) of this section is wearing all of the	2703
available elements of a properly adjusted occupant restraining	2704
device;	2705

(3) Occupy, as a passenger, a seating position on the front	2706
seat of an automobile being operated on any street or highway	2707
unless that person is wearing all of the available elements of a	2708
properly adjusted occupant restraining device;	2709

(4) Operate a taxicab on any street or highway unless all	2710
factory-equipped occupant restraining devices in the taxicab are	2711
maintained in usable form.	2712

(C) Division (B)(3) of this section does not apply to a	2713
person who is required by section 4511.81 of the Revised Code to	2714
be secured in a child restraint device. Division (B)(1) of this	2715
section does not apply to a person who is an employee of the	2716
United States postal service or of a newspaper home delivery	2717
service, during any period in which the person is engaged in the	2718
operation of an automobile to deliver mail or newspapers to	2719
addressees. Divisions (B)(1) and (3) of this section do not apply	2720
to a person who has an affidavit signed by a physician licensed to	2721
practice in this state under Chapter 4731. of the Revised Code or	2722
a chiropractor licensed to practice in this state under Chapter	2723
4734. of the Revised Code that states that the person has a	2724
physical impairment that makes use of an occupant restraining	2725
device impossible or impractical.	2726

(D) Notwithstanding any provision of law to the contrary, no	2727
law enforcement officer shall cause an operator of an automobile	2728
being operated on any street or highway to stop the automobile for	2729
the sole purpose of determining whether a violation of division	2730
(B) of this section has been or is being committed or for the sole	2731
purpose of issuing a ticket, citation, or summons for a violation	2732
of that nature or causing the arrest of or commencing a	2733
prosecution of a person for a violation of that nature, and no law	2734
enforcement officer shall view the interior or visually inspect	2735
any automobile being operated on any street or highway for the	2736
sole purpose of determining whether a violation of that nature has	2737
been or is being committed.	2738

(E) All fines collected for violations of division (B) of	2739
this section, or for violations of any ordinance or resolution of	2740
a political subdivision that is substantively comparable to that	2741
division, shall be forwarded to the treasurer of state for deposit	2742
as follows:	2743

(1) Eight per cent shall be deposited into the seat belt	2744
education fund, which is hereby created in the state treasury, and	2745
shall be used by the department of public safety to establish a	2746
seat belt education program.	2747

(2) Eight per cent shall be deposited into the elementary	2748
school program fund, which is hereby created in the state	2749
treasury, and shall be used by the department of public safety to	2750
establish and administer elementary school programs that encourage	2751
seat safety belt use.	2752

(3) Two per cent shall be deposited into the Ohio ambulance	2753
licensing trust fund created by section 4766.05 of the Revised	2754
Code.	2755

(4) Twenty-eight per cent shall be deposited into the trauma	2756
and emergency medical services fund, which is hereby created in	2757
the state treasury, and shall be used by the department of public	2758
safety for the administration of the division of emergency medical	2759
services and the state board of emergency medical services.	2760

(5) Fifty-four per cent shall be deposited into the trauma	2761
and emergency medical services grants fund, which is hereby	2762
created in the state treasury, and shall be used by the state	2763
board of emergency medical services to make grants, in accordance	2764
with section 4765.07 of the Revised Code and the rules that the	2765
board adopts under section 4765.11 of the Revised Code.	2766

(F)(1) Subject to division (F)(2) of this section, theThe	2767
failure of a person to wear all of the available elements of a	2768
properly adjusted occupant restraining device in violation of	2769
division (B)(1) or (3) of this section or the failure of a person	2770
to ensure that each minor who is a passenger of an automobile	2771
being operated by thethat person is wearing all of the available	2772
elements of such a properly adjusted occupant restraining device,	2773
in violation of division (B)(2) of this section, shall not be	2774
considered or usedby the trier of fact in a tort action as	2775
evidence of negligence or contributory negligence, shall notfault	2776
or other tortious conduct or considered for any other relevant	2777
purpose if the failure contributed to the harm alleged in the tort	2778
action and may diminish pursuant to sections 2315.32 to 2315.36 of	2779
the Revised Code a recovery forof compensatory damages in any	2780
civila tort action involving the person arising from the	2781
ownership, maintenance, or operation of an automobile; shall not	2782
be used as a basis for a criminal prosecution of the person other	2783
than a prosecution for a violation of this section; and shall not	2784
be admissible as evidence in any civil ora criminal action	2785
involving the person other than a prosecution for a violation of	2786
this section.	2787

(2) If, at the time of an accident involving a passenger car	2788
equipped with occupant restraining devices, any occupant of the	2789
passenger car who sustained injury or death was not wearing an	2790
available occupant restraining device, was not wearing all of the	2791
available elements of such a device, or was not wearing such a	2792
device as properly adjusted, then, consistent with the Rules of	2793
Evidence, the fact that the occupant was not wearing the available	2794
occupant restraining device, was not wearing all of the available	2795
elements of such a device, or was not wearing such a device as	2796
properly adjusted is admissible in evidence in relation to any	2797
claim for relief in a tort action to the extent that the claim for	2798
relief satisfies all of the following:	2799

(a) It seeks to recover damages for injury or death to the	2800
occupant.	2801

(b) The defendant in question is the manufacturer, designer,	2802
distributor, or seller of the passenger car.	2803

(c) The claim for relief against the defendant in question is	2804
that the injury or death sustained by the occupant was enhanced or	2805
aggravated by some design defect in the passenger car or that the	2806
passenger car was not crashworthy.	2807

(3) As used in division (F)(2) of this section, "tort action"	2808
means a civil action for damages for injury, death, or loss to	2809
person or property. "Tort action" includes a product liability	2810
claim that is subject to sections 2307.71 to 2307.80 of the	2811
Revised Code, but does not include a civil action for damages for	2812
a breach of a contract or another agreement between persons.	2813

Sec. 4705.15.  (A) As used in this section:

2814

(1) "Contingent fee agreement" means an agreement for the	2815
provision of legal services by an attorney under which the	2816
compensation of the attorney is contingent, in whole or in part,	2817
upon a judgment being rendered in favor of or a settlement being	2818
obtained for the client and is either a fixed amount or an amount	2819
to be determined by a specified formula, including, but not	2820
limited to, a percentage of any judgment rendered in favor of or	2821
settlement obtained for the client.	2822

(2) "Tort action" means a civil action for damages for	2823
injury, death, or loss to person or property. "Tort action"	2824
includes a product liability claim that is subject to sections, as	2825
defined in section 2307.71 to 2307.80 of the Revised Code, but	2826
does not include a civil action for damages for a breach of	2827
contract or another agreement between persons or a civil action	2828
based upon a medical claim, dental claim, optometric claim, or	2829
chiropractic claim.	2830

(3) "Medical claim," "dental claim," "optometric claim," and	2831
"chiropractic claim" have the same meanings as in section 2305.113	2832
of the Revised Code.	2833

(4) "Recovered" means the net sum recovered on a claim after	2834
deducting any disbursements, costs, and expenses incurred in	2835
connection with the prosecution or settlement of the claim. Costs	2836
of medical care incurred by the plaintiff and the attorney's	2837
office overhead costs or charges are not deductible disbursements	2838
or costs for the purposes of this division.	2839

(B) If an attorney and a client contract for the provision of	2840
legal services in connection with a claim that is or may become	2841
the basis of a tort action or in connection with a medical claim,	2842
dental claim, optometric claim, or chiropractic claim and if the	2843
contract includes a contingent fee agreement, that agreement shall	2844
be reduced to writing and signed by the attorney and the client.	2845
The attorney shall provide a copy of the signed writing to the	2846
client.	2847

(C)(1) If an attorney and a client contract for the provision	2848
of legal services in connection with a claim that may become the	2849
basis of a tort action and if the contract includes a contingent	2850
fee agreement, that agreement shall not provide for the payment of	2851
a fee that exceeds, and the attorney shall not collect a	2852
contingency fee for representing the client in excess of, the	2853
following limits:	2854

(a) Thirty-five per cent of the first one hundred thousand	2855
dollars recovered on the claim;	2856

(b) Twenty-five per cent of the next five hundred thousand	2857
dollars recovered on the claim;	2858

(c) Fifteen per cent of any amount on which the recovery on	2859
the claim exceeds six hundred thousand dollars.	2860

(2) The limits in division (C)(1) of this section shall apply	2861
regardless of whether the recovery is by settlement, arbitration,	2862
or judgment or whether the person for whom the recovery is made is	2863
a responsible adult, an infant, or a person of unsound mind.	2864

(D) If an attorney represents a client in connection with a	2865
any claim as described in division (B) of this section, if their	2866
contract for the provision of legal services includes a contingent	2867
fee agreement, and if the attorney becomes entitled to	2868
compensation under that agreement, the attorney shall prepare a	2869
signed closing statement and shall provide the client with that	2870
statement at thewithin a reasonable time of or prior to the	2871
receipt of compensation under that agreement, but not later than	2872
thirty days, after the claim is finally adjudicated or settled.	2873
The closing statement shall specify theall of the following:	2874

(1) The manner in which the compensation of the attorney was	2875
determined under that agreement, any;	2876

(2) The actual number of hours of the attorney's legal	2877
services that were spent in connection with the claim;	2878

(3) The total amount of the hourly fees or contingent fee for	2879
the attorney's legal services in connection with the claim;	2880

(4) The actual fee per hour of the attorney's legal services	2881
in connection with the claim, determined by dividing the total	2882
amount of the hourly fees specified in division (D)(3) of this	2883
section, less itemized costs and expenses, or the total contingent	2884
fee specified in that division by the actual number of hours of	2885
the attorney's legal services specified in division (D)(2) of this	2886
section;	2887

(5) Any costs and expenses deducted by the attorney from the	2888
judgment or settlement involved, any;	2889

(6) Any proposed division of the attorney's fees, costs, and	2890
expenses with referring or associated counsel, and any;	2891

(7) Any other information that the attorney considers	2892
appropriate.	2893

Sec. 4705.16.  (A) Each attorney who is licensed to practice	2894
law in this state shall append to every written retainer agreement	2895
or contract for legal services a legal consumer's bill of rights	2896
that shall be substantially in the following form:	2897

"LEGAL CONSUMER'S BILL OF RIGHTS

2898

(A) You have the right to control your own legal affairs.

2899

(1) Your attorney, at your request, must do all of the	2900
following:	2901

(a) Keep you informed about the status of your matter;

2902

(b) Promptly answer your questions;

2903

(c) Promptly return your phone calls;

2904

(d) Disclose any alternatives available to you for resolving	2905
your matter;	2906

(e) Disclose the risks and benefits of each decision and	2907
alternative.	2908

(2) You have the right and duty to make all of the key	2909
decisions in your matter, including whether, and on what terms, to	2910
settle a dispute or lawsuit.	2911

(B) You have the right to be fully informed about the costs	2912
and fees associated with your legal matter and you have the rights	2913
specified in paragraph (D), below, if you have a contingent fee	2914
agreement with your attorney.	2915

(1) Your attorney must disclose all of the following to you:

2916

(a) All alternative fee arrangements;

2917

(b) Total anticipated fees and expenses through trial;

2918

(c) Total anticipated costs;

2919

(d) Referral fees paid to other attorneys.

2920

(2) Your attorney must do all of the following:

2921

(a) Sign a written agreement that spells out the terms of	2922
every representation of you, including the fee arrangements;	2923

(b) Agree not to exceed estimated costs and fees without your	2924
consent;	2925

(c) Agree to return any unexpended portion of your retainer	2926
or other advanced payments;	2927

(d) Make full use of economical and efficient legal support	2928
services, including, but not limited to, paralegals, law clerks,	2929
and legal secretaries, as well as your own personal services to	2930
reduce the costs to you.	2931

(C) You have the right to retain qualified legal	2932
representation.	2933

(1) Your attorney must do all of the following:

2934

(a) Provide timely, thorough, and professional legal	2935
services;	2936

(b) Advise you to solicit or arrange for the services of	2937
co-counsel if your attorney is not qualified to represent you in	2938
the areas of the law relevant to your matter;	2939

(c) Respect your right to privacy and your confidential	2940
information;	2941

(d) Not neglect your matter;

2942

(e) Ensure that your attorney does not have a conflict of	2943
interest in representing you;	2944

(f) Maintain accurate records;

2945

(g) Upon your request, provide you with copies of all court	2946
documents and letters that your attorney produces or receives	2947
while representing you.	2948

(2) You have the right to an accessible legal system.

2949

If you are not satisfied with the legal services that you	2950
have retained, or with how your matter is being handled, you have	2951
the right to file a grievance with the Certified Grievance	2952
Committee of your local bar association or the Ohio State Bar	2953
Association or with the Board of Commissioners on Grievances and	2954
Discipline of the Supreme Court of Ohio. The Committee and the	2955
Board include non-attorneys as members. The Board of Commissioners	2956
on Grievances and Discipline of the Supreme Court of Ohio has the	2957
authority to discipline, and to impose sanctions on, attorneys in	2958
Ohio.	2959

(D) You have the following rights if you have a contingent	2960
fee agreement, as defined in section 4705.15 of the Revised Code,	2961
with your attorney for the provision of legal services in	2962
connection with a claim that is or may become the basis of a tort	2963
action, as defined in that section:	2964

(1) The agreement must be in writing and signed by you and	2965
your attorney.	2966

(2) Your attorney must provide a copy of the signed agreement	2967
to you.	2968

(3) If your attorney becomes entitled to compensation under	2969
the contingent fee agreement, your attorney must prepare a signed	2970
closing statement and provide you with that statement within a	2971
reasonable time, but not later than thirty (30) days, after the	2972
claim is finally adjudicated and settled.	2973

(4) Your attorney's closing statement must specify all of the	2974
following:	2975

(a) The manner in which your attorney's compensation was	2976
determined under the agreement;	2977

(b) The actual number of hours of your attorney's legal	2978
services that were spent in connection with the claim;	2979

(c) The total amount of the hourly fees or contingent fee for	2980
your attorney's legal services in connection with the claim;	2981

(d) The actual fee per hour of your attorney's legal services	2982
in connection with the claim, determined by dividing the total	2983
amount of the hourly fees specified in paragraph (4)(c), above,	2984
less itemized costs and expenses, or the total contingent fee	2985
specified in that paragraph by the actual number of hours of your	2986
attorney's legal services specified in paragraph (4)(b), above;	2987

(e) Any costs and expenses deducted by your attorney from the	2988
judgment or settlement involved;	2989

(f) Any proposed division of your attorney's fees, costs, and	2990
expenses with referring or associated counsel;	2991

(g) Any other information that your attorney considers	2992
appropriate."	2993

(B) A person who suffers an injury or loss to person has the	2994
right to be left free from unsolicited contact by plaintiff or	2995
defense attorneys or any of their representatives for ..........	2996
days after the event resulting in the injury or loss to person.	2997

(C) This section shall be called and may be cited as the	2998
"Legal Consumer's Bill of Rights."	2999

Section 2. That existing sections 1701.76, 1701.82, 1775.14,	3000
2117.06, 2125.01, 2125.02, 2125.04, 2305.01, 2305.03, 2305.10,	3001
2305.25, 2307.011, 2307.23, 2307.29, 2307.60, 2307.71, 2307.75,	3002
2307.80, 2315.01, 2315.21, 2315.32, 2315.33, 2315.34, 2315.36,	3003
2323.41, 2323.43, 2323.51, 4507.07, 4513.263, and 4705.15 and	3004
sections        Sec. 2315.41. ,        Sec. 2315.42. ,        Sec. 2315.43. ,        Sec. 2315.44. ,        Sec. 2315.45. , and        Sec. 2315.46.	3005
of the Revised Code are hereby repealed.	3006

Section 3. That the version of section 4513.263 of the	3007
Revised Code that is scheduled to take effect January 1, 2004, be	3008
amended to read as follows:	3009

Sec. 4513.263.  (A) As used in this section and in section	3010
4513.99 of the Revised Code:	3011

(1) "Automobile" means any commercial tractor, passenger car,	3012
commercial car, or truck that is required to be factory-equipped	3013
with an occupant restraining device for the operator or any	3014
passenger by regulations adopted by the United States secretary of	3015
transportation pursuant to the "National Traffic and Motor Vehicle	3016
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	3017

(2) "Occupant restraining device" means a seat safety belt,	3018
shoulder belt, harness, or other safety device for restraining a	3019
person who is an operator of or passenger in an automobile and	3020
that satisfies the minimum federal vehicle safety standards	3021
established by the United States department of transportation.	3022

(3) "Passenger" means any person in an automobile, other than	3023
its operator, who is occupying a seating position for which an	3024
occupant restraining device is provided.	3025

(4) "Commercial tractor," "passenger car," and "commercial	3026
car" have the same meanings as in section 4501.01 of the Revised	3027
Code.	3028

(5) "Vehicle" and "motor vehicle," as used in the definitions	3029
of the terms set forth in division (A)(4) of this section, have	3030
the same meanings as in section 4511.01 of the Revised Code.	3031

(6) "Tort action" means a civil action for damages for	3032
injury, death, or loss to person or property. "Tort action"	3033
includes a product liability claim, as defined in section 2307.71	3034
of the Revised Code, but does not include a civil action for	3035
damages for a breach of contract or another agreement between	3036
persons.	3037

(B) No person shall do any of the following:

3038

(1) Operate an automobile on any street or highway unless	3039
that person is wearing all of the available elements of a properly	3040
adjusted occupant restraining device, or operate a school bus that	3041
has an occupant restraining device installed for use in its	3042
operator's seat unless that person is wearing all of the available	3043
elements of the device, as properly adjusted;	3044

(2) Operate an automobile on any street or highway unless	3045
each passenger in the automobile who is subject to the requirement	3046
set forth in division (B)(3) of this section is wearing all of the	3047
available elements of a properly adjusted occupant restraining	3048
device;	3049

(3) Occupy, as a passenger, a seating position on the front	3050
seat of an automobile being operated on any street or highway	3051
unless that person is wearing all of the available elements of a	3052
properly adjusted occupant restraining device;	3053

(4) Operate a taxicab on any street or highway unless all	3054
factory-equipped occupant restraining devices in the taxicab are	3055
maintained in usable form.	3056

(C) Division (B)(3) of this section does not apply to a	3057
person who is required by section 4511.81 of the Revised Code to	3058
be secured in a child restraint device. Division (B)(1) of this	3059
section does not apply to a person who is an employee of the	3060
United States postal service or of a newspaper home delivery	3061
service, during any period in which the person is engaged in the	3062
operation of an automobile to deliver mail or newspapers to	3063
addressees. Divisions (B)(1) and (3) of this section do not apply	3064
to a person who has an affidavit signed by a physician licensed to	3065
practice in this state under Chapter 4731. of the Revised Code or	3066
a chiropractor licensed to practice in this state under Chapter	3067
4734. of the Revised Code that states that the person has a	3068
physical impairment that makes use of an occupant restraining	3069
device impossible or impractical.	3070

(D) Notwithstanding any provision of law to the contrary, no	3071
law enforcement officer shall cause an operator of an automobile	3072
being operated on any street or highway to stop the automobile for	3073
the sole purpose of determining whether a violation of division	3074
(B) of this section has been or is being committed or for the sole	3075
purpose of issuing a ticket, citation, or summons for a violation	3076
of that nature or causing the arrest of or commencing a	3077
prosecution of a person for a violation of that nature, and no law	3078
enforcement officer shall view the interior or visually inspect	3079
any automobile being operated on any street or highway for the	3080
sole purpose of determining whether a violation of that nature has	3081
been or is being committed.	3082

(E) All fines collected for violations of division (B) of	3083
this section, or for violations of any ordinance or resolution of	3084
a political subdivision that is substantively comparable to that	3085
division, shall be forwarded to the treasurer of state for deposit	3086
as follows:	3087

(1) Eight per cent shall be deposited into the seat belt	3088
education fund, which is hereby created in the state treasury, and	3089
shall be used by the department of public safety to establish a	3090
seat belt education program.	3091

(2) Eight per cent shall be deposited into the elementary	3092
school program fund, which is hereby created in the state	3093
treasury, and shall be used by the department of public safety to	3094
establish and administer elementary school programs that encourage	3095
seat safety belt use.	3096

(3) Two per cent shall be deposited into the Ohio ambulance	3097
licensing trust fund created by section 4766.05 of the Revised	3098
Code.	3099

(4) Twenty-eight per cent shall be deposited into the trauma	3100
and emergency medical services fund, which is hereby created in	3101
the state treasury, and shall be used by the department of public	3102
safety for the administration of the division of emergency medical	3103
services and the state board of emergency medical services.	3104

(5) Fifty-four per cent shall be deposited into the trauma	3105
and emergency medical services grants fund, which is hereby	3106
created in the state treasury, and shall be used by the state	3107
board of emergency medical services to make grants, in accordance	3108
with section 4765.07 of the Revised Code and the rules that the	3109
board adopts under section 4765.11 of the Revised Code.	3110

(F)(1) Subject to division (F)(2) of this section, theThe	3111
failure of a person to wear all of the available elements of a	3112
properly adjusted occupant restraining device in violation of	3113
division (B)(1) or (3) of this section or the failure of a person	3114
to ensure that each minor who is a passenger of an automobile	3115
being operated by thethat person is wearing all of the available	3116
elements of such a properly adjusted occupant restraining device,	3117
in violation of division (B)(2) of this section, shall not be	3118
considered or usedby the trier of fact in a tort action as	3119
evidence of negligence or contributory negligence, shall notfault	3120
or other tortious conduct or considered for any other relevant	3121
purpose if the failure contributed to the harm alleged in the tort	3122
action and may diminish pursuant to sections 2315.32 to 2315.36 of	3123
the Revised Code a recovery forof compensatory damages in any	3124
civila tort action involving the person arising from the	3125
ownership, maintenance, or operation of an automobile; shall not	3126
be used as a basis for a criminal prosecution of the person other	3127
than a prosecution for a violation of this section; and shall not	3128
be admissible as evidence in any civil ora criminal action	3129
involving the person other than a prosecution for a violation of	3130
this section.	3131

(2) If, at the time of an accident involving a passenger car	3132
equipped with occupant restraining devices, any occupant of the	3133
passenger car who sustained injury or death was not wearing an	3134
available occupant restraining device, was not wearing all of the	3135
available elements of such a device, or was not wearing such a	3136
device as properly adjusted, then, consistent with the Rules of	3137
Evidence, the fact that the occupant was not wearing the available	3138
occupant restraining device, was not wearing all of the available	3139
elements of such a device, or was not wearing such a device as	3140
properly adjusted is admissible in evidence in relation to any	3141
claim for relief in a tort action to the extent that the claim for	3142
relief satisfies all of the following:	3143

(a) It seeks to recover damages for injury or death to the	3144
occupant.	3145

(b) The defendant in question is the manufacturer, designer,	3146
distributor, or seller of the passenger car.	3147

(c) The claim for relief against the defendant in question is	3148
that the injury or death sustained by the occupant was enhanced or	3149
aggravated by some design defect in the passenger car or that the	3150
passenger car was not crashworthy.	3151

(3) As used in division (F)(2) of this section, "tort action"	3152
means a civil action for damages for injury, death, or loss to	3153
person or property. "Tort action" includes a product liability	3154
claim that is subject to sections 2307.71 to 2307.80 of the	3155
Revised Code, but does not include a civil action for damages for	3156
a breach of a contract or another agreement between persons.	3157

(G)(1) Whoever violates division (B)(1) of this section shall	3158
be fined thirty dollars.	3159

(2) Whoever violates division (B)(3) of this section shall be	3160
fined twenty dollars.	3161

(3) Except as otherwise provided in this division, whoever	3162
violates division (B)(4) of this section is guilty of a minor	3163
misdemeanor. If the offender previously has been convicted of or	3164
pleaded guilty to a violation of division (B)(4) of this section,	3165
whoever violates division (B)(4) of this section is guilty of a	3166
misdemeanor of the third degree.	3167

Section 4. That the existing version of section 4513.263 of	3168
the Revised Code that is scheduled to take effect January 1, 2004,	3169
is hereby repealed.	3170

Section 5. Sections 3 and 4 of this act shall take effect	3171
January 1, 2004.	3172

Section 6. The General Assembly declares its intent that the	3173
amendment made by this act to section 2307.71 of the Revised Code	3174
is intended to supersede the holding of the Ohio Supreme Court in	3175
Carrel v. Allied Products Corp. (1997), 78 Ohio St.3d 284, that	3176
the common law product liability cause of action of negligent	3177
design survives the enactment of the Ohio Product Liability Act,	3178
sections 2307.71 to 2307.80 of the Revised Code, and to abrogate	3179
all common law product liability causes of action.	3180

Section 7. (A) As used in this section, "asbestos," "asbestos	3181
claim," "exposed person," and "substantial contributing factor"	3182
have the same meanings as in section 2307.91 of the Revised Code.	3183

(B) The General Assembly hereby requests the Supreme Court to	3184
adopt rules to specify procedures for venue and consolidation of	3185
asbestos claims brought pursuant to sections 2307.91 to 2307.95 of	3186
the Revised Code.	3187

(C) With respect procedures for venue in regard to asbestos	3188
claims, the General Assembly hereby requests the Supreme Court to	3189
adopt a rule that requires that an asbestos claim meet specific	3190
nexus requirements, including the requirement that the plaintiff	3191
be domiciled in Ohio or that Ohio is the state in which the	3192
plaintiff's exposure to asbestos is a substantial contributing	3193
factor.	3194

(D) With respect to procedures for consolidation of asbestos	3195
claims, the General Assembly hereby requests the Supreme Court to	3196
adopt a rule that permits consolidation of asbestos claims only	3197
with the consent of all parties, and in absence of that consent,	3198
permits a court to consolidate for trial only those asbestos	3199
claims that relate to the same exposed person and members of the	3200
exposed person's household.	3201