As Reported by the House Judiciary Committee

125th General Assembly Regular Session 2003-2004

Sub. 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 1775.14, 2117.06, 2125.02, 2125.04,

1

2305.01, 2305.03, 2305.10, 2305.25, 2307.011,

2

2307.23, 2307.29, 2307.60, 2307.71, 2307.75,

3

2307.80, 2315.01, 2315.21, 2315.32, 2315.33,

4

2315.34, 2315.36, 2323.51, 2505.02, 4507.07, and

5

4513.263; to enact sections 2305.131, 2307.711,

6

2315.19, 2315.20, and 2323.44; and to repeal

7

sections 2315.41, 2315.42, 2315.43, 2315.44,

8

2315.45, and 2315.46 of the Revised Code to make

9

changes related to the award of certain damages,

10

collateral benefits evidence, and contributory

11

fault in tort actions; to establish a statute of

12

repose for certain product liability claims and

13

claims based on unsafe conditions of real property

14

improvements and to make other changes related to

15

product liability claims; to provide that the

16

product liability statutes are intended to

17

abrogate common law product liability causes of

18

action; to enact a conflicts of law provision for

19

statutes of limitation in civil actions; to modify

20

the provisions on frivolous conduct in filing

21

civil actions; and to make other changes related

22

to civil actions.

23

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

Section 1. That sections 1775.14, 2117.06, 2125.02, 2125.04,	24
2305.01, 2305.03, 2305.10, 2305.25, 2307.011, 2307.23, 2307.29,	25
2307.60, 2307.71, 2307.75, 2307.80, 2315.01, 2315.21, 2315.32,	26
2315.33, 2315.34, 2315.36, 2323.51, 2505.02, 4507.07, and 4513.263	27
be amended and sections 2305.131, 2307.711, 2315.19, 2315.20, and	28
2323.44 of the Revised Code be enacted to read as follows:	29

Sec. 1775.14.  (A) Subject to section 1339.65 of the Revised	30
Code and except as provided in division (B) of this section, all	31
partners are liable as follows:	32

(1) Jointly and severally for everything chargeable to the	33
partnership under sections 1775.12 and 1775.13 of the Revised	34
Code. This joint and several liability is not subject to section	35
2307.22,or 2315.36, or 2315.46 of the Revised Code with respect	36
to a negligence or other tort claim that otherwise is subject to	37
anyeither of those sections.	38

(2) Jointly for all other debts and obligations of the	39
partnership, but any partner may enter into a separate obligation	40
to perform a partnership contract.	41

(B) Subject to divisions (C)(1) and (2) of this section or as	42
otherwise provided in a written agreement between the partners of	43
a registered limited liability partnership, a partner in a	44
registered limited liability partnership is not liable, directly	45
or indirectly, by way of indemnification, contribution,	46
assessment, or otherwise, for debts, obligations, or other	47
liabilities of any kind of, or chargeable to, the partnership or	48
another partner or partners arising from negligence or from	49
wrongful acts, errors, omissions, or misconduct, whether or not	50
intentional or characterized as tort, contract, or otherwise,	51
committed or occurring while the partnership is a registered	52
limited liability partnership and committed or occurring in the	53
course of the partnership business by another partner or an	54
employee, agent, or representative of the partnership.	55

(C)(1) Division (B) of this section does not affect the	56
liability of a partner in a registered limited liability	57
partnership for that partner's own negligence, wrongful acts,	58
errors, omissions, or misconduct, including that partner's own	59
negligence, wrongful acts, errors, omissions, or misconduct in	60
directly supervising any other partner or any employee, agent, or	61
representative of the partnership.	62

(2) Division (B) of this section shall not affect the	63
liability of a partner for liabilities imposed by Chapters 5735.,	64
5739., 5743., and 5747. and section 3734.908 of the Revised Code.	65

(D) A partner in a registered limited liability partnership	66
is not a proper party to an action or proceeding by or against a	67
registered limited liability partnership with respect to any debt,	68
obligation, or other liability of any kind described in division	69
(B) of this section, unless the partner is liable under divisions	70
(C)(1) and (2) of this section.	71

Sec. 2117.06.  (A) All creditors having claims against an	72
estate, including claims arising out of contract, out of tort, on	73
cognovit notes, or on judgments, whether due or not due, secured	74
or unsecured, liquidated or unliquidated, shall present their	75
claims in one of the following manners:	76

(1) After the appointment of an executor or administrator and	77
prior to the filing of a final account or a certificate of	78
termination, in one of the following manners:	79

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

80

(b) To the executor or administrator in a writing, and to the	81
probate court by filing a copy of the writing with it;	82

(c) In a writing that is sent by ordinary mail addressed to	83
the decedent and that is actually received by the executor or	84
administrator within the appropriate time specified in division	85
(B) of this section. For purposes of this division, if an executor	86
or administrator is not a natural person, the writing shall be	87
considered as being actually received by the executor or	88
administrator only if the person charged with the primary	89
responsibility of administering the estate of the decedent	90
actually receives the writing within the appropriate time	91
specified in division (B) of this section.	92

(2) If the final account or certificate of termination has	93
been filed, in a writing to those distributees of the decedent's	94
estate who may share liability for the payment of the claim.	95

(B) Except as provided in section 2117.061 of the Revised	96
Code, all claims shall be presented within six months after the	97
death of the decedent, whether or not the estate is released from	98
administration or an executor or administrator is appointed during	99
that six-month period. Every claim presented shall set forth the	100
claimant's address.	101

(C) Except as provided in section 2117.061 of the Revised	102
Code, a claim that is not presented within six months after the	103
death of the decedent shall be forever barred as to all parties,	104
including, but not limited to, devisees, legatees, and	105
distributees. No payment shall be made on the claim and no action	106
shall be maintained on the claim, except as otherwise provided in	107
sections 2117.37 to 2117.42 of the Revised Code with reference to	108
contingent claims.	109

(D) In the absence of any prior demand for allowance, the	110
executor or administrator shall allow or reject all claims, except	111
tax assessment claims, within thirty days after their	112
presentation, provided that failure of the executor or	113
administrator to allow or reject within that time shall not	114
prevent the executor or administrator from doing so after that	115
time and shall not prejudice the rights of any claimant. Upon the	116
allowance of a claim, the executor or the administrator, on demand	117
of the creditor, shall furnish the creditor with a written	118
statement or memorandum of the fact and date of the allowance.	119

(E) If the executor or administrator has actual knowledge of	120
a pending action commenced against the decedent prior to the	121
decedent's death in a court of record in this state, the executor	122
or administrator shall file a notice of the appointment of the	123
executor or administrator in the pending action within ten days	124
after acquiring that knowledge. If the administrator or executor	125
is not a natural person, actual knowledge of a pending suit	126
against the decedent shall be limited to the actual knowledge of	127
the person charged with the primary responsibility of	128
administering the estate of the decedent. Failure to file the	129
notice within the ten-day period does not extend the claim period	130
established by this section.	131

(F) This section applies to any person who is required to	132
give written notice to the executor or administrator of a motion	133
or application to revive an action pending against the decedent at	134
the date of the death of the decedent.	135

(G) Nothing in this section or in section 2117.07 of the	136
Revised Code shall be construed to reduce the time mentioned	137
periods of limitation or periods prior to repose in section	138
2125.02, 2305.09, 2305.10, 2305.11, 2305.113, or 2305.12Chapter	139
2305. of the Revised Code, provided that no portion of any	140
recovery on a claim brought pursuant to that section or any of	141
those sectionssection in that chapter shall come from the assets	142
of an estate unless the claim has been presented against the	143
estate in accordance with Chapter 2117. of the Revised Code.	144

(H) Any person whose claim has been presented and has not	145
been rejected after presentment is a creditor as that term is used	146
in Chapters 2113. to 2125. of the Revised Code. Claims that are	147
contingent need not be presented except as provided in sections	148
2117.37 to 2117.42 of the Revised Code, but, whether presented	149
pursuant to those sections or this section, contingent claims may	150
be presented in any of the manners described in division (A) of	151
this section.	152

(I) If a creditor presents a claim against an estate in	153
accordance with division (A)(1)(b) of this section, the probate	154
court shall not close the administration of the estate until that	155
claim is allowed or rejected.	156

(J) The probate court shall not require an executor or	157
administrator to make and return into the court a schedule of	158
claims against the estate.	159

(K) If the executor or administrator makes a distribution of	160
the assets of the estate pursuant to section 2113.53 of the	161
Revised Code and prior to the expiration of the time for the	162
presentation of claims as set forth in this section, the executor	163
or administrator shall provide notice on the account delivered to	164
each distributee that the distributee may be liable to the estate	165
if a claim is presented prior to the filing of the final account	166
and may be liable to the claimant if the claim is presented after	167
the filing of the final account up to the value of the	168
distribution and may be required to return all or any part of the	169
value of the distribution if a valid claim is subsequently made	170
against the estate within the time permitted under this section.	171

Sec. 2125.02.  (A)(1) Except as provided in this division, an	172
a civil action for wrongful death shall be brought in the name of	173
the personal representative of the decedent for the exclusive	174
benefit of the surviving spouse, the children, and the parents of	175
the decedent, all of whom are rebuttably presumed to have suffered	176
damages by reason of the wrongful death, and for the exclusive	177
benefit of the other next of kin of the decedent. A parent who	178
abandoned a minor child who is the decedent shall not receive any	179
a benefit in a wrongful deathcivil action for wrongful death	180
brought under this division.	181

(2) The jury, or the court if the civil action for wrongful	182
death is not tried to a jury, may award damages authorized by	183
division (B) of this section, as it determines are proportioned to	184
the injury and loss resulting to the beneficiaries described in	185
division (A)(1) of this section by reason of the wrongful death	186
and may award the reasonable funeral and burial expenses incurred	187
as a result of the wrongful death. In its verdict, the jury or	188
court shall set forth separately the amount, if any, awarded for	189
the reasonable funeral and burial expenses incurred as a result of	190
the wrongful death.	191

(3)(a) The date of the decedent's death fixes, subject to	192
division (A)(3)(b)(iii) of this section, the status of all	193
beneficiaries of the civil action for wrongful death for purposes	194
of determining the damages suffered by them and the amount of	195
damages to be awarded. A person who is conceived prior to the	196
decedent's death and who is born alive after the decedent's death	197
is a beneficiary of the action.	198

(b)(i) In determining the amount of damages to be awarded,	199
the jury or court may consider all factors existing at the time of	200
the decedent's death that are relevant to a determination of the	201
damages suffered by reason of the wrongful death.	202

(ii) Consistent with the Rules of Evidence, anya party to an	203
a civil action for wrongful death may present evidence of the cost	204
of an annuity in connection with anyan issue of recoverable	205
future damages. If suchthat evidence is presented, then, in	206
addition to the factors described in division (A)(3)(b)(i) of this	207
section and, if applicable, division (A)(3)(b)(iii) of this	208
section, the jury or court may consider that evidence in	209
determining the future damages suffered by reason of the wrongful	210
death. If suchthat evidence is presented, the present value in	211
dollars of anyan annuity is its cost.	212

(iii) Consistent with the Rules of Evidence, anya party to	213
ana civil action for wrongful death may present evidence that the	214
surviving spouse of the decedent is remarried. If suchthat	215
evidence is presented, then, in addition to the factors described	216
in divisions (A)(3)(b)(i) and (ii) of this section, the jury or	217
court may consider that evidence in determining the damages	218
suffered by the surviving spouse by reason of the wrongful death.	219

(B) Compensatory damages may be awarded in ana civil action	220
for wrongful death and may include damages for the following:	221

(1) Loss of support from the reasonably expected earning	222
capacity of the decedent;	223

(2) Loss of services of the decedent;

224

(3) Loss of the society of the decedent, including loss of	225
companionship, consortium, care, assistance, attention,	226
protection, advice, guidance, counsel, instruction, training, and	227
education, suffered by the surviving spouse, minordependent	228
children, parents, or next of kin of the decedent;	229

(4) Loss of prospective inheritance to the decedent's heirs	230
at law at the time of the decedent's death;	231

(5) The mental anguish incurred by the surviving spouse,	232
minordependent children, parents, or next of kin of the decedent.	233

(C) A personal representative appointed in this state, with	234
the consent of the court making the appointment and at any time	235
before or after the commencement of ana civil action for wrongful	236
death, may settle with the defendant the amount to be paid.	237

(D) An(1) Except as provided in division (D)(2) of this	238
section, a civil action for wrongful death shall be commenced	239
within two years after the decedent's death.	240

(2)(a) Except as otherwise provided in divisions (D)(2)(b),	241
(c), (d), (e), (f), and (g) of this section or in section 2125.04	242
of the Revised Code, no cause of action for wrongful death	243
involving a product liability claim shall accrue against the	244
manufacturer or supplier of a product later than ten years from	245
the date that the product was delivered to its first purchaser or	246
first lessee who was not engaged in a business in which the	247
product was used as a component in the production, construction,	248
creation, assembly, or rebuilding of another product.	249

(b) Division (D)(2)(a) of this section does not apply if the	250
manufacturer or supplier of a product engaged in fraud in regard	251
to information about the product and the fraud contributed to the	252
harm that is alleged in a product liability claim involving that	253
product.	254

(c) Division (D)(2)(a) of this section does not bar a civil	255
action for wrongful death involving a product liability claim	256
against a manufacturer or supplier of a product who made an	257
express, written warranty as to the safety of the product that was	258
for a period longer than ten years and that, at the time of the	259
decedent's death, has not expired in accordance with the terms of	260
that warranty.	261

(d) If the decedent's death occurs during the ten-year period	262
described in division (D)(2)(a) of this section but less than two	263
years prior to the expiration of that period, a civil action for	264
wrongful death involving a product liability claim may be	265
commenced within two years after the decedent's death.	266

(e) If the decedent's death occurs during the ten-year period	267
described in division (D)(2)(a) of this section and the claimant	268
cannot commence an action during that period due to a disability	269
described in section 2305.16 of the Revised Code, a civil action	270
for wrongful death involving a product liability claim may be	271
commenced within two years after the disability is removed.	272

(f)(i) Division (D)(2)(a) of this section does not bar a	273
civil action for wrongful death based on a product liability claim	274
against a manufacturer or supplier of a product if the product	275
involved is a substance or device described in division (B)(1),	276
(2), (3), or (4) of section 2305.10 of the Revised Code and the	277
decedent's death resulted from exposure to the product during the	278
ten-year period described in division (D)(2)(a) of this section.	279

(ii) If division (D)(2)(f)(i) of this section applies	280
regarding a civil action for wrongful death, the cause of action	281
that is the basis of the action accrues upon the date on which the	282
claimant is informed by competent medical authority that the	283
decedent's death was related to the exposure to the product or	284
upon the date on which by the exercise of reasonable diligence the	285
claimant should have known that the decedent's death was related	286
to the exposure to the product, whichever date occurs first. A	287
civil action for wrongful death based on a cause of action	288
described in division (D)(2)(f)(i) of this section shall be	289
commenced within two years after the cause of action accrues and	290
shall not be commenced more than two years after the cause of	291
action accrues.	292

(g) Division (D)(2)(a) of this section does not bar a civil	293
action for wrongful death based on a product liability claim	294
against a manufacturer or supplier of a product if the product	295
involved is a substance or device described in division (B)(5) of	296
section 2315.10 of the Revised Code. If division (D)(2)(g) of this	297
section applies regarding a civil action for wrongful death, the	298
cause of action that is the basis of the action accrues upon the	299
date on which the claimant is informed by competent medical	300
authority that the decedent's death was related to the exposure to	301
the product or upon the date on which by the exercise of	302
reasonable diligence the claimant should have known that the	303
decedent's death was related to the exposure to the product,	304
whichever date occurs first. A civil action for wrongful death	305
based on a cause of action described in division (D)(2)(g) of this	306
section shall be commenced within two years after the cause of	307
action accrues and shall not be commenced more than two years	308
after the cause of action accrues.	309

(E)(1) If the personal representative of a deceased minor has	310
actual knowledge or reasonable cause to believe that the minor was	311
abandoned by a parent seeking to benefit from thea civil action	312
for wrongful death action or if any person listed in division	313
(A)(1) of this section who is permitted to benefit infrom a civil	314
action for wrongful death action filedcommenced in relation to a	315
deceased minor has actual knowledge or reasonable cause to believe	316
that the minor was abandoned by a parent seeking to benefit from	317
the wrongful death action, the personal representative or the	318
person may file a motion in the court in which the wrongful death	319
action is filedcommenced requesting the court to issue an order	320
finding that the parent abandoned the childminor and is not	321
entitled to recover damages in the wrongful death action based on	322
the death of the deceased minor child.	323

(2) The movant who files a motion described in division	324
(E)(1) of this section shall name the parent who abandoned the	325
childdeceased minor and, whether or not that parent is a resident	326
of this state, the parent shall be served with a summons and a	327
copy of the motion in accordance with the Rules of Civil	328
Procedure. Upon the filing of the motion, the court shall conduct	329
a hearing. In the hearing on the motion, the movant has the burden	330
of proving, by a preponderance of the evidence, that the parent	331
abandoned the deceased minor child. If, at the hearing, the court	332
finds that the movant has sustained that burden of proof, the	333
court shall issue an order that includes its findingfindings that	334
the parent abandoned the deceased minor child and that, because of	335
the prohibition set forth in division (A)(1) of this section, the	336
parent is not entitled to recover damages in the wrongful death	337
action based on the death of the deceased minor child.	338

(3) A motion requesting a court to issue an order finding	339
that thea specified parent abandoned thea minor child and is not	340
entitled to recover damages in thea civil action for wrongful	341
death action based on the death of the deceased minor child may be	342
filed at any time during the pendency of the wrongful death	343
action.	344

(F) This section does not create a new cause of action or	345
substantive legal right against any person involving a product	346
liability claim.	347

(G) As used in this section:

348

(1) "Annuity" means an annuity that would be purchased from	349
either of the following types of insurance companies:	350

(a) An insurance company that the A. M. Best Company, in its	351
most recently published rating guide of life insurance companies,	352
has rated A or better and has rated XII or higher as to financial	353
size or strength;	354

(b)(i) An insurance company that the superintendent of	355
insurance, under rules adopted pursuant to Chapter 119. of the	356
Revised Code for purposes of implementing this division,	357
determines is licensed to do business in this state and,	358
considering the factors described in division (F)(G)(1)(b)(ii) of	359
this section, is a stable insurance company that issues annuities	360
that are safe and desirable.	361

(ii) In making determinations as described in division	362
(F)(G)(1)(b)(i) of this section, the superintendent shall be	363
guided by the principle that the jury or court in ana civil	364
action for wrongful death should be presented only with evidence	365
as to the cost of annuities that are safe and desirable for the	366
beneficiaries of such anthe action who are awarded compensatory	367
damages under this section. In making suchthe determinations, the	368
superintendent shall consider the financial condition, general	369
standing, operating results, profitability, leverage, liquidity,	370
amount and soundness of reinsurance, adequacy of reserves, and the	371
management of anya particular insurance company in question	372
involved and also may consider ratings, grades, and	373
classifications of any nationally recognized rating services of	374
insurance companies and any other factors relevant to the making	375
of suchthe determinations.	376

(2) "Future damages" means damages that result from the	377
wrongful death and that will accrue after the verdict or	378
determination of liability by the jury or court is rendered in the	379
civil action for wrongful death.	380

(3) "Abandoned" means that a parent of a minor failed without	381
justifiable cause to communicate with the minor, care for the	382
minor, and provide for the maintenance or support of the minor as	383
required by law or judicial decree for a period of at least one	384
year immediately prior to the date of the death of the minor.	385

(4) "Minor" means a person who is less than eighteen years of	386
age.	387

(5) "Harm" means death.

388

(6) "Manufacturer," "product," "product liability claim," and	389
"supplier" have the same meanings as in section 2307.71 of the	390
Revised Code.	391

(H) Divisions (D), (G)(5), and (G)(6) of this section shall	392
be considered to be purely remedial in operation and shall be	393
applied in a remedial manner in any civil action commenced on or	394
after the effective date of this amendment, in which those	395
divisions are relevant, regardless of when the cause of action	396
accrued and notwithstanding any other section of the Revised Code	397
or prior rule of law of this state, but shall not be construed to	398
apply to any civil action pending prior to the effective date of	399
this amendment.	400

Sec. 2125.04.  In every civil action for wrongful death	401
commenced or attempted to be commenced within the time specified	402
by division (D)(1) or (D)(2)(c), (d), (e), (f), or (g) of section	403
2125.02 of the Revised Code, if a judgment for the plaintiff is	404
reversed or if the plaintiff fails otherwise than upon the merits,	405
and if the time limited by such sectionany of those divisions for	406
the commencement of suchthe action has expired at the date of	407
suchthe reversal or failure, the plaintiff or, if the plaintiff	408
dies and the cause of action survives, the personal representative	409
of the plaintiff may commence a new civil action for wrongful	410
death within one year after suchthat date.	411

Sec. 2305.01. TheExcept as otherwise provided by this	412
section or section 2305.03 of the Revised Code, the court of	413
common pleas has original jurisdiction in all civil cases in which	414
the sum or matter in dispute exceeds the exclusive original	415
jurisdiction of county courts and appellate jurisdiction from the	416
decisions of boards of county commissioners. The court of common	417
pleas shall not have jurisdiction, in any tort action to which the	418
amounts apply, to award punitive or exemplary damages that exceed	419
the amounts set forth in section 2315.21 of the Revised Code.	420

The court of common pleas may on its own motion transfer for	421
trial any action in the court to any municipal court in the county	422
having concurrent jurisdiction of the subject matter of, and the	423
parties to, the action, if the amount sought by the plaintiff does	424
not exceed one thousand dollars and if the judge or presiding	425
judge of the municipal court concurs in the proposed transfer.	426
Upon the issuance of an order of transfer, the clerk of courts	427
shall remove to the designated municipal court the entire case	428
file. Any untaxed portion of the common pleas deposit for court	429
costs shall be remitted to the municipal court by the clerk of	430
courts to be applied in accordance with section 1901.26 of the	431
Revised Code, and the costs taxed by the municipal court shall be	432
added to any costs taxed in the common pleas court.	433

The court of common pleas has jurisdiction in any action	434
brought pursuant to division (I) of section 3733.11 of the Revised	435
Code if the residential premises that are the subject of the	436
action are located within the territorial jurisdiction of the	437
court.	438

The courts of common pleas of Adams, Athens, Belmont, Brown,	439
Clermont, Columbiana, Gallia, Hamilton, Jefferson, Lawrence,	440
Meigs, Monroe, Scioto, and Washington counties have jurisdiction	441
beyond the north or northwest shore of the Ohio river extending to	442
the opposite shore line, between the extended boundary lines of	443
any adjacent counties or adjacent state. Each of those courts of	444
common pleas has concurrent jurisdiction on the Ohio river with	445
any adjacent court of common pleas that borders on that river and	446
with any court of Kentucky or of West Virginia that borders on the	447
Ohio river and that has jurisdiction on the Ohio river under the	448
law of Kentucky or the law of West Virginia, whichever is	449
applicable, or under federal law.	450

Sec. 2305.03. A civil action,(A) Except as provided in	451
division (B) of this section and unless a different limitation is	452
prescribed by statute, cana civil action may be commenced only	453
within the period prescribed in sections 2305.032305.04 to	454
2305.22, inclusive, of the Revised Code. WhenIf interposed by	455
proper plea by a party to an action mentioned in suchany of those	456
sections, lapse of time shall be a bar theretoto the action.	457

(B) No civil action that is based upon a cause of action that	458
accrued in any other state, territory, district, or foreign	459
jurisdiction may be commenced and maintained in this state if the	460
period of limitation that applies to that action under the laws of	461
that other state, territory, district, or foreign jurisdiction has	462
expired or the period of limitation that applies to that action	463
under the laws of this state has expired.	464

Sec. 2305.10. An(A) Except as provided in division (C) of	465
this section, an action based on a product liability claim and an	466
action for bodily injury or injuring personal property shall be	467
brought within two years after the cause thereof aroseof action	468
accrues. Except as provided in divisions (B)(1), (2), (3), (4),	469
and (5) of this section, a cause of action accrues under this	470
division when the injury or loss to person or property occurs.	471

(B)(1) For purposes of division (A) of this section, a cause	472
of action for bodily injury that is not described in division	473
(B)(2), (3), (4), or (5) of this section and that is caused by	474
exposure to hazardous or toxic chemicals, ethical drugs, or	475
ethical medical devices accrues upon the date on which the	476
plaintiff is informed by competent medical authority that the	477
plaintiff has an injury that is related to the exposure, or upon	478
the date on which by the exercise of reasonable diligence the	479
plaintiff should have known that the plaintiff has an injury that	480
is related to the exposure, whichever date occurs first.	481

(2) For purposes of division (A) of this section, a cause of	482
action for bodily injury caused by exposure to asbestos or to	483
chromium in any of its chemical forms arisesaccrues upon the date	484
on which the plaintiff is informed by competent medical authority	485
that the plaintiff has been injured by suchan injury that is	486
related to the exposure, or upon the date on which, by the	487
exercise of reasonable diligence, the plaintiff should have become	488
awareknown that the plaintiff had been injured byhas an injury	489
that is related to the exposure, whichever date occurs first.	490

(3) For purposes of division (A) of this section, a cause of	491
action for bodily injury incurred by a veteran through exposure to	492
chemical defoliants or herbicides or other causative agents,	493
including agent orange, arisesaccrues upon the date on which the	494
plaintiff is informed by competent medical authority that the	495
plaintiff has been injured by suchan injury that is related to	496
the exposure, or upon the date on which by the exercise of	497
reasonable diligence the plaintiff should have known that the	498
plaintiff has an injury that is related to the exposure, whichever	499
date occurs first.	500

As used in this section, "agent orange," "causative agent,"	501
and "veteran" have the same meanings as in section 5903.21 of the	502
Revised Code.	503

(4) For purposes of division (A) of this section, a cause of	504
action for bodily injury which may be caused by exposure to	505
diethylstilbestrol or other nonsteroidal synthetic estrogens,	506
including exposure before birth, accrues upon the date on which	507
the plaintiff learns from a licensed physicianis informed by	508
competent medical authority that the plaintiff has an injury which	509
may bethat is related to suchthe exposure, or upon the date on	510
which by the exercise of reasonable diligence the plaintiff should	511
have become awareknown that the plaintiff has an injury which may	512
bethat is related to suchthe exposure, whichever date occurs	513
first.	514

(5) For purposes of division (A) of this section, a cause of	515
action for bodily injury caused by exposure to asbestos accrues	516
upon the date on which the plaintiff is informed by competent	517
medical authority that the plaintiff has an injury that is related	518
to the exposure, or upon the date on which by the exercise of	519
reasonable diligence the plaintiff should have known that the	520
plaintiff has an injury that is related to the exposure, whichever	521
date occurs first.	522

(C)(1) Except as otherwise provided in divisions (C)(2), (3),	523
(4), (5), (6), and (7) of this section or in section 2305.19 of	524
the Revised Code, no cause of action based on a product liability	525
claim shall accrue against the manufacturer or supplier of a	526
product later than ten years from the date that the product was	527
delivered to its first purchaser or first lessee who was not	528
engaged in a business in which the product was used as a component	529
in the production, construction, creation, assembly, or rebuilding	530
of another product.	531

(2) Division (C)(1) of this section does not apply if the	532
manufacturer or supplier of a product engaged in fraud in regard	533
to information about the product and the fraud contributed to the	534
harm that is alleged in a product liability claim involving that	535
product.	536

(3) Division (C)(1) of this section does not bar an action	537
based on a product liability claim against a manufacturer or	538
supplier of a product who made an express, written warranty as to	539
the safety of the product that was for a period longer than ten	540
years and that, at the time of the accrual of the cause of action,	541
has not expired in accordance with the terms of that warranty.	542

(4) If the cause of action relative to a product liability	543
claim accrues during the ten-year period described in division	544
(C)(1) of this section but less than two years prior to the	545
expiration of that period, an action based on the product	546
liability claim may be commenced within two years after the cause	547
of action accrues.	548

(5) If a cause of action relative to a product liability	549
claim accrues during the ten-year period described in division	550
(C)(1) of this section and the claimant cannot commence an action	551
during that period due to a disability described in section	552
2305.16 of the Revised Code, an action based on the product	553
liability claim may be commenced within two years after the	554
disability is removed.	555

(6) Division (C)(1) of this section does not bar an action	556
for bodily injury caused by exposure to asbestos if the cause of	557
action that is the basis of the action accrues upon the date on	558
which the plaintiff is informed by competent medical authority	559
that the plaintiff has an injury that is related to the exposure,	560
or upon the date on which by the exercise of reasonable diligence	561
the plaintiff should have known that the plaintiff has an injury	562
that is related to the exposure, whichever date occurs first.	563

(7)(a) Division (C)(1) of this section does not bar an action	564
based on a product liability claim against a manufacturer or	565
supplier of a product if all of the following apply:	566

(i) The action is for bodily injury.

567

(ii) The product involved is a substance or device described	568
in division (B)(1), (2), (3), or (4) of this section.	569

(iii) The bodily injury results from exposure to the product	570
during the ten-year period described in division (C)(1) of this	571
section.	572

(b) If division (C)(7)(a) of this section applies regarding	573
an action, the cause of action accrues upon the date on which the	574
claimant is informed by competent medical authority that the	575
bodily injury was related to the exposure to the product, or upon	576
the date on which by the exercise of reasonable diligence the	577
claimant should have known that the bodily injury was related to	578
the exposure to the product, whichever date occurs first. The	579
action based on the product liability claim shall be commenced	580
within two years after the cause of action accrues and shall not	581
be commenced more than two years after the cause of action	582
accrues.	583

(D) This section does not create a new cause of action or	584
substantive legal right against any person involving a product	585
liability claim.	586

(E) As used in this section:

587

(1) "Agent orange," "causative agent," and "veteran" have the	588
same meanings as in section 5903.21 of the Revised Code.	589

(2) "Ethical drug," "ethical medical device," "manufacturer,"	590
"product," "product liability claim," and "supplier" have the same	591
meanings as in section 2307.71 of the Revised Code.	592

(3) "Harm" means injury, death, or loss to person or	593
property.	594

(F) This section shall be considered to be purely remedial in	595
operation and shall be applied in a remedial manner in any civil	596
action commenced on or after the effective date of this amendment,	597
in which this section is relevant, regardless of when the cause of	598
action accrued and notwithstanding any other section of the	599
Revised Code or prior rule of law of this state, but shall not be	600
construed to apply to any civil action pending prior to the	601
effective date of this amendment.	602

Sec. 2305.131.  (A)(1) Notwithstanding an otherwise	603
applicable period of limitations specified in this chapter or in	604
section 2125.02 of the Revised Code and except as otherwise	605
provided in divisions (A)(2), (A)(3), (C), and (D) of this	606
section, no cause of action to recover damages for bodily injury,	607
an injury to real or personal property, or wrongful death that	608
arises out of a defective and unsafe condition of an improvement	609
to real property and no cause of action for contribution or	610
indemnity for damages sustained as a result of bodily injury, an	611
injury to real or personal property, or wrongful death that arises	612
out of a defective and unsafe condition of an improvement to real	613
property shall accrue against a person who performed services for	614
the improvement to real property or a person who furnished the	615
design, planning, supervision of construction, or construction of	616
the improvement to real property later than ten years from the	617
date of substantial completion of such improvement.	618

(2) Notwithstanding an otherwise applicable period of	619
limitations specified in this chapter or in section 2125.02 of the	620
Revised Code, a claimant who discovers a defective and unsafe	621
condition of an improvement to real property during the ten-year	622
period specified in division (A)(1) of this section but less than	623
two years prior to the expiration of that period may commence a	624
civil action to recover damages as described in that division	625
within two years from the date of the discovery of that defective	626
and unsafe condition.	627

(3) Notwithstanding an otherwise applicable period of	628
limitations specified in this chapter or in section 2125.02 of the	629
Revised Code, if a cause of action that arises out of a defective	630
and unsafe condition of an improvement to real property accrues	631
during the ten-year period specified in division (A)(1) of this	632
section and the plaintiff cannot commence an action during that	633
period due to a disability described in section 2305.16 of the	634
Revised Code, the plaintiff may commence a civil action to recover	635
damages as described in that division within two years from the	636
removal of that disability.	637

(B) Division (A) of this section does not apply to a civil	638
action commenced against a person who is an owner of, tenant of,	639
landlord of, or other person in possession and control of an	640
improvement to real property and who is in actual possession and	641
control of the improvement to real property at the time that the	642
defective and unsafe condition of the improvement to real property	643
constitutes the proximate cause of the bodily injury, injury to	644
real or personal property, or wrongful death that is the subject	645
matter of the civil action.	646

(C) Division (A)(1) of this section is not available as an	647
affirmative defense to a defendant in a civil action described in	648
that division if the defendant engages in fraud in regard to	649
furnishing the design, planning, supervision of construction, or	650
construction of an improvement to real property or in regard to	651
any relevant fact or other information that pertains to the act or	652
omission constituting the alleged basis of the bodily injury,	653
injury to real or personal property, or wrongful death or to the	654
defective and unsafe condition of the improvement to real	655
property.	656

(D) Division (A)(1) of this section does not prohibit the	657
commencement of a civil action for damages against a person who	658
has expressly warranted or guaranteed an improvement to real	659
property for a period longer than the period described in division	660
(A)(1) of this section and whose warranty or guarantee has not	661
expired as of the time of the alleged bodily injury, injury to	662
real or personal property, or wrongful death in accordance with	663
the terms of that warranty or guarantee.	664

(E) This section does not create a new cause of action or	665
substantive legal right against any person resulting from the	666
design, planning, supervision of construction, or construction of	667
an improvement to real property.	668

(F) This section shall be considered to be purely remedial in	669
operation and shall be applied in a remedial manner in any civil	670
action commenced on or after the effective date of this section,	671
in which this section is relevant, regardless of when the cause of	672
action accrued and notwithstanding any other section of the	673
Revised Code or prior rule of law of this state, but shall not be	674
construed to apply to any civil action pending prior to the	675
effective date of this section.	676

(G) As used in this section, "substantial completion" means	677
the date the improvement to real property is first used by the	678
owner or tenant of the real property or when the real property is	679
first available for use after having the improvement completed in	680
accordance with the contract or agreement covering the	681
improvement, including any agreed changes to the contract or	682
agreement, whichever occurs first.	683

Sec. 2305.25. As used in this section and sections 2305.251	684
to 2305.253 of the Revised Code:	685

(A)(1) "Health care entity" means an entity, whether acting	686
on its own behalf or on behalf of or in affiliation with other	687
health care entities, that conducts as part of its regular	688
business activities professional credentialing or quality review	689
activities involving the competence of, professional conduct of,	690
or quality of care provided by health care providers, including	691
both individuals who provide health care and entities that provide	692
health care.	693

(2) "Health care entity" includes any entity described in	694
division (A)(1) of this section, regardless of whether it is a	695
government entity; for-profit or nonprofit corporation; limited	696
liability company; partnership; professional corporation; state or	697
local society composed of physicians, dentists, optometrists,	698
psychologists, or pharmacists; or other health care organization.	699

(B) "Health insuring corporation" means an entity that holds	700
a certificate of authority under Chapter 1751. of the Revised	701
Code. "Health insuring corporation" includes wholly owned	702
subsidiaries of a health insuring corporation.	703

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

704

(1) An institution that has been registered or licensed by	705
the department of health as a hospital;	706

(2) An entity, other than an insurance company authorized to	707
do business in this state, that owns, controls, or is affiliated	708
with an institution that has been registered or licensed by the	709
department of health as a hospital.	710

(D) "Incident report or risk management report" means a	711
report of an incident involving injury or potential injury to a	712
patient as a result of patient care provided by health care	713
providers, including both individuals who provide health care and	714
entities that provide health care, that is prepared by or for the	715
use of a peer review committee of a health care entity and is	716
within the scope of the functions of that committee.	717

(E)(1) "Peer review committee" means a utilization review	718
committee, quality assessment committee, performance improvement	719
committee, tissue committee, credentialing committee, or other	720
committee that does either of the following:	721

(a) Conducts professional credentialing or quality review	722
activities involving the competence of, professional conduct of,	723
or quality of care provided by health care providers, including	724
both individuals who provide health care and entities that provide	725
health care;	726

(b) Conducts any other attendant hearing process initiated as	727
a result of a peer review committee's recommendations or actions.	728

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

729

(a) A peer review committee of a hospital or long-term care	730
facility or a peer review committee of a nonprofit health care	731
corporation that is a member of the hospital or long-term care	732
facility or of which the hospital or facility is a member;	733

(b) A peer review committee of a community mental health	734
center;	735

(c) A board or committee of a hospital, a long-term care	736
facility, or other health care entity when reviewing professional	737
qualifications or activities of health care providers, including	738
both individuals who provide health care and entities that provide	739
health care;	740

(d) A peer review committee, professional standards review	741
committee, or arbitration committee of a state or local society	742
composed of members who are in active practice as physicians,	743
dentists, optometrists, psychologists, or pharmacists;	744

(e) A peer review committee of a health insuring corporation	745
that has at least a two-thirds majority of member physicians in	746
active practice and that conducts professional credentialing and	747
quality review activities involving the competence or professional	748
conduct of health care providers that adversely affects or could	749
adversely affect the health or welfare of any patient;	750

(f) A peer review committee of a health insuring corporation	751
that has at least a two-thirds majority of member physicians in	752
active practice and that conducts professional credentialing and	753
quality review activities involving the competence or professional	754
conduct of a health care facility that has contracted with the	755
health insuring corporation to provide health care services to	756
enrollees, which conduct adversely affects, or could adversely	757
affect, the health or welfare of any patient;	758

(g) A peer review committee of a sickness and accident	759
insurer that has at least a two-thirds majority of physicians in	760
active practice and that conducts professional credentialing and	761
quality review activities involving the competence or professional	762
conduct of health care providers that adversely affects or could	763
adversely affect the health or welfare of any patient;	764

(h) A peer review committee of a sickness and accident	765
insurer that has at least a two-thirds majority of physicians in	766
active practice and that conducts professional credentialing and	767
quality review activities involving the competence or professional	768
conduct of a health care facility that has contracted with the	769
insurer to provide health care services to insureds, which conduct	770
adversely affects, or could adversely affect, the health or	771
welfare of any patient;	772

(i) A peer review committee of any insurer authorized under	773
Title XXXIX of the Revised Code to do the business of medical	774
professional liability insurance in this state that conducts	775
professional quality review activities involving the competence or	776
professional conduct of health care providers that adversely	777
affects or could affect the health or welfare of any patient;	778

(j) A peer review committee of the bureau of workers'	779
compensation responsible for reviewing the professional	780
qualifications and the performance of providers conducting medical	781
examinations or file reviews for the bureau;	782

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

783

(F) "Physician" means an individual authorized to practice	784
medicine and surgery, osteopathic medicine and surgery, or	785
podiatric medicine and surgery.	786

(G) "Sickness and accident insurer" means an entity	787
authorized under Title XXXIX of the Revised Code to do the	788
business of sickness and accident insurance in this state.	789

(H) "Tort action" means a civil action for damages for	790
injury, death, or loss to a patient of a health care entity. "Tort	791
action" includes a product liability claim, as defined in section	792
2307.71 of the Revised Code, and an asbestos claim, as defined in	793
section 2307.91 of the Revised Code, but does not include a civil	794
action for a breach of contract or another agreement between	795
persons.	796

Sec. 2307.011. As used in Chapters 2307. and 2315. of the	797
Revised Code:	798

(A) "Conduct" means actions or omissions.

799

(B) "Contributory fault" means contributory negligence, other	800
contributory tortious conduct, comparative negligence, or, except	801
as provided with respect to product liability claims in section	802
2307.711 of the Revised Code, express or implied assumption of the	803
risk.	804

(C) "Economic loss" means any of the following types of	805
pecuniary harm:	806

(1) All wages, salaries, or other compensation lost as a	807
result of an injury, death, or loss to person or property that is	808
a subject of a tort action, including wages, salaries, or other	809
compensation lost as of the date of a judgment and future expected	810
lost earnings;	811

(2) All expenditures for medical care or treatment,	812
rehabilitation services, or other care, treatment, services,	813
products, or accommodations incurred as a result of an injury,	814
death, or loss to person that is a subject of a tort action,	815
including expenditures for those purposes that were incurred as of	816
the date of a judgment and expenditures for those purposes that,	817
in the determination of the trier of fact, will be incurred in the	818
future because of the injury, whether paid by the injured person	819
or by another person on behalf of the injured person;	820

(3) All expenditures of a person whose property was injured	821
or destroyed or of another person on behalf of the person whose	822
property was injured or destroyed in order to repair or replace	823
the property;	824

(4) Any other expenditures incurred as a result of an injury,	825
death, or loss to person or property that is a subject of a tort	826
action, except expenditures of the injured person, the person	827
whose property was injured or destroyed, or another person on	828
behalf of the injured person or the person whose property was	829
injured or destroyed in relation to the actual preparation or	830
presentation of the claim involved.	831

(D) "Intentional tort claim" means a claim alleging that a	832
tortfeasor intentionally caused or intentionally contributed to	833
the injury or loss to person or property or the wrongful death or	834
that a tortfeasor knew or believed that the injury or loss to	835
person or property or the wrongful death was substantially certain	836
to result from the tortfeasor's conduct. As used in sections	837
2307.22, 2307.711, and 2315.32, and 2315.42 of the Revised Code,	838
"intentional tort claim" does not include an intentional tort	839
claim alleged by an employee or the employee's legal	840
representative against the employee's employer and that arises	841
from the tortfeasor's conduct that occurs on premises owned,	842
leased, or supervised by the employer.	843

(E) "Negligence claim" means a civil action for damages for	844
injury, death, or loss to person or property to the extent that	845
the damages are sought or recovered based on allegation or proof	846
of negligence.	847

(F) "Noneconomic loss" means nonpecuniary harm that results	848
from an injury, death, or loss to person that is a subject of a	849
tort action, including, but not limited to, pain and suffering;	850
loss of society, consortium, companionship, care, assistance,	851
attention, protection, advice, guidance, counsel, instruction,	852
training, or education; mental anguish; and any other intangible	853
loss.	854

(G)(F) "Person" has the same meaning as in division (C) of	855
section 1.59 of the Revised Code and additionally includes a	856
political subdivision and the state.	857

(H)(G) "Persons from whom the plaintiff does not seek	858
recovery in this action" includes, but is not limited to, the	859
following:	860

(1) Persons who have entered into a settlement agreement with	861
the plaintiff;	862

(2) Persons whom the plaintiff has dismissed from the tort	863
action without prejudice;	864

(3) Persons whom the plaintiff has dismissed from the tort	865
action with prejudice;	866

(4) Persons who are not a party to the tort action whether or	867
not that person was or could have been a party to the tort action	868
if the name of the person has been disclosed prior to trial.	869

(I)(H) "Plaintiff" includes the person for whom the plaintiff	870
is legal representative.	871

(J)(I) "Political subdivision" and "state" have the same	872
meanings as in section 2744.01 of the Revised Code.	873

(K)(J) "Tort action" means a civil action for damages for	874
injury, death, or loss to person or property. "Tort action"	875
includes a product liability claim, as defined in section 2307.71	876
of the Revised Code, and an asbestos claim, as defined in section	877
2307.91 of the Revised Code, but does not include a civil action	878
for damages for a breach of contract or another agreement between	879
persons.	880

(L)(K) "Trier of fact" means the jury or, in a nonjury	881
action, the court.	882

Sec. 2307.23. (A) In determining the percentage of tortious	883
conduct attributable to a party in a tort action under section	884
2307.22,or sections 2315.32 to 2315.36, or sections 2315.41 to	885
2315.46 of the Revised Code, the court in a nonjury action shall	886
make findings of fact, and the jury in a jury action shall return	887
a general verdict accompanied by answers to interrogatories, that	888
shall specify all of the following:	889

(1) The percentage of tortious conduct that proximately	890
caused the injury or loss to person or property or the wrongful	891
death that is attributable to the plaintiff and to each party to	892
the tort action from whom the plaintiff seeks recovery in this	893
action;	894

(2) The percentage of tortious conduct that proximately	895
caused the injury or loss to person or property or the wrongful	896
death that is attributable to each person from whom the plaintiff	897
does not seek recovery in this action.	898

(B) The sum of the percentages of tortious conduct as	899
determined pursuant to division (A) of this section shall equal	900
one hundred per cent.	901

(C) For purposes of division (A)(2) of this section, it is an	902
affirmative defense for each party to the tort action from whom	903
the plaintiff seeks recovery in this action that a specific	904
percentage of the tortious conduct that proximately caused the	905
injury or loss to person or property or the wrongful death is	906
attributable to one or more persons from whom the plaintiff does	907
not seek recovery in this action. Any party to the tort action	908
from whom the plaintiff seeks recovery in this action may raise an	909
affirmative defense under this division at any time before the	910
trial of the action.	911

Sec. 2307.29.  No provision of sections 2307.25 to 2307.28 of	912
the Revised Code applies to a negligence or other tort claim to	913
the extent that sections 2307.22 to 2307.24,or sections 2315.32	914
to 2315.36, or sections 2315.41 to 2315.46 of the Revised Code	915
make a party against whom a judgment is entered liable to the	916
plaintiff only for the proportionate share of that party as	917
described in those sections.	918

Sec. 2307.60. (A) Anyone injured in person or property by a	919
criminal act has, and may recover full damages in, a civil action	920
unless specifically excepted by law, may recover the costs of	921
maintaining the civil action and attorney's fees if authorized by	922
any provision of the Rules of Civil Procedure or another section	923
of the Revised Code or under the common law of this state, and may	924
recover punitive or exemplary damages if authorized by section	925
2315.21 or another section of the Revised Code. No record of a	926
conviction, unless obtained by confession in open court, shall be	927
used as evidence in a civil action brought pursuant to division	928
(A) of this section.	929

(B)(1) As used in division (B) of this section, "tort action"	930
means a civil action for damages for injury, death, or loss to	931
person or property other than a civil action for damages for a	932
breach of contract or another agreement between persons. "Tort	933
action" includes, but is not limited to, a product liability	934
claim, as defined in section 2307.71 of the Revised Code, and an	935
asbestos claim, as defined in section 2307.91 of the Revised Code,	936
an action for wrongful death under Chapter 2125. of the Revised	937
Code, and an action based on derivative claims for relief.	938

(2) Recovery on a claim for relief in a tort action is barred	939
to any person or the person's legal representative if the person	940
has been convicted of or has pleaded guilty to a felony, or to a	941
misdemeanor that is an offense of violence, arising out of	942
criminal conduct that was a proximate cause of the injury or loss	943
for which relief is claimed in the action.	944

(3) Division (B) of this section does not apply to civil	945
claims based upon alleged intentionally tortious conduct, alleged	946
violations of the United States Constitution, or alleged	947
violations of statutes of the United States pertaining to civil	948
rights.	949

Sec. 2307.71. (A) As used in sections 2307.71 to 2307.80 of	950
the Revised Code:	951

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

952

(1)(a) A person who asserts a product liability claim or on	953
whose behalf such a claim is asserted;	954

(2)(b) If a product liability claim is asserted on behalf of	955
the surviving spouse, children, parents, or other next of kin of a	956
decedent or on behalf of the estate of a decedent, whether as a	957
claim in a wrongful death action under Chapter 2125. of the	958
Revised Code or as a survivorship claim, whichever of the	959
following is appropriate:	960

(a)(i) The decedent, if the reference is to the person who	961
allegedly sustained harm or economic loss for which, or in	962
connection with which, compensatory damages or punitive or	963
exemplary damages are sought to be recovered;	964

(b)(ii) The personal representative of the decedent or the	965
estate of the decedent, if the reference is to the person who is	966
asserting or has asserted the product liability claim.	967

(B)(2) "Economic loss" means direct, incidental, or	968
consequential pecuniary loss, including, but not limited to,	969
damage to the product in question, and nonphysical damage to	970
property other than that product. Harm is not "economic loss."	971

(C)(3) "Environment" means navigable waters, surface water,	972
ground water, drinking water supplies, land surface, subsurface	973
strata, and air.	974

(D)(4) "Ethical drug" means a prescription drug that is	975
prescribed or dispensed by a physician or any other person who is	976
legally authorized to prescribe or dispense a prescription drug.	977

(E)(5) "Ethical medical device" means a medical device that	978
is prescribed, dispensed, or implanted by a physician or any other	979
person who is legally authorized to prescribe, dispense, or	980
implant a medical device and that is regulated under the "Federal	981
Food, Drug, and Cosmetic Act," 52 Stat. 1040, 21 U.S.C. 301-392,	982
as amended.	983

(F)(6) "Foreseeable risk" means a risk of harm that satisfies	984
both of the following:	985

(1)(a) It is associated with an intended or reasonably	986
foreseeable use, modification, or alteration of a product in	987
question;.	988

(2)(b) It is a risk that the manufacturer in question should	989
recognize while exercising both of the following:	990

(a)(i) The attention, perception, memory, knowledge, and	991
intelligence that a reasonable manufacturer should possess;	992

(b)(ii) Any superior attention, perception, memory,	993
knowledge, or intelligence that the manufacturer in question	994
possesses.	995

(G)(7) "Harm" means death, physical injury to person, serious	996
emotional distress, or physical damage to property other than the	997
product in question. Economic loss is not "harm."	998

(H)(8) "Hazardous or toxic substances" include, but are not	999
limited to, hazardous waste as defined in section 3734.01 of the	1000
Revised Code, hazardous waste as specified in the rules of the	1001
director of environmental protection pursuant to division (A) of	1002
section 3734.12 of the Revised Code, hazardous substances as	1003
defined in section 3716.01 of the Revised Code, and hazardous	1004
substances, pollutants, and contaminants as defined in or by	1005
regulations adopted pursuant to the "Comprehensive Environmental	1006
Response, Compensation, and Liability Act of 1980," 94 Stat. 2767,	1007
42 U.S.C. 9601, as amended.	1008

(I)(9) "Manufacturer" means a person engaged in a business to	1009
design, formulate, produce, create, make, construct, assemble, or	1010
rebuild a product or a component of a product.	1011

(J)(10) "Person" has the same meaning as in division (C) of	1012
section 1.59 of the Revised Code and also includes governmental	1013
entities.	1014

(K)(11) "Physician" means a person who is licensed to	1015
practice medicine and surgery or osteopathic medicine and surgery	1016
by the state medical board.	1017

(L)(1)(12)(a) "Product" means, subject to division	1018
(L)(2)(A)(12)(b) of this section, any object, substance, mixture,	1019
or raw material that constitutes tangible personal property and	1020
that satisfies all of the following:	1021

(a)(i) It is capable of delivery itself, or as an assembled	1022
whole in a mixed or combined state, or as a component or	1023
ingredient;.	1024

(b)(ii) It is produced, manufactured, or supplied for	1025
introduction into trade or commerce;.	1026

(c)(iii) It is intended for sale or lease to persons for	1027
commercial or personal use.	1028

(2)(b) "Product" does not include human tissue, blood, or	1029
organs.	1030

(M)(13) "Product liability claim" means a claim that is	1031
asserted in a civil action pursuant to sections 2307.71 to 2307.80	1032
of the Revised Code and that seeks to recover compensatory damages	1033
from a manufacturer or supplier for death, physical injury to	1034
person, emotional distress, or physical damage to property other	1035
than the product in question, that allegedly arose from any of the	1036
following:	1037

(1)(a) The design, formulation, production, construction,	1038
creation, assembly, rebuilding, testing, or marketing of that	1039
product;	1040

(2)(b) Any warning or instruction, or lack of warning or	1041
instruction, associated with that product;	1042

(3)(c) Any failure of that product to conform to any relevant	1043
representation or warranty.	1044

(N)(14) "Representation" means an express representation of a	1045
material fact concerning the character, quality, or safety of a	1046
product.	1047

(O)(1)(15)(a) "Supplier" means, subject to division	1048
(O)(2)(A)(15)(b) of this section, either of the following:	1049

(a)(i) A person that, in the course of a business conducted	1050
for the purpose, sells, distributes, leases, prepares, blends,	1051
packages, labels, or otherwise participates in the placing of a	1052
product in the stream of commerce;	1053

(b)(ii) A person that, in the course of a business conducted	1054
for the purpose, installs, repairs, or maintains any aspect of a	1055
product that allegedly causes harm.	1056

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

1057

(a)(i) A manufacturer;

1058

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

1059

(c)(iii) A provider of professional services who, incidental	1060
to a professional transaction the essence of which is the	1061
furnishing of judgment, skill, or services, sells or uses a	1062
product;	1063

(d)(iv) Any person who acts only in a financial capacity with	1064
respect to the sale of a product, or who leases a product under a	1065
lease arrangement in which the selection, possession, maintenance,	1066
and operation of the product are controlled by a person other than	1067
the lessor.	1068

(P)(16) "Unavoidably unsafe" means that, in the state of	1069
technical, scientific, and medical knowledge at the time a product	1070
in question left the control of its manufacturer, an aspect of	1071
that product was incapable of being made safe.	1072

(B) Sections 2307.71 to 2307.80 of the Revised Code are	1073
intended to abrogate all common law product liability causes of	1074
action.	1075

Sec. 2307.711. (A) Subject to divisions (B)(1), (2), and (3)	1076
of this section, sections 2315.32 to 2315.36 of the Revised Code	1077
apply to a product liability claim that is asserted pursuant to	1078
sections 2307.71 to 2307.80 of the Revised Code.	1079

(B)(1) Express or implied assumption of the risk may be	1080
asserted as an affirmative defense to a product liability claim	1081
under sections 2307.71 to 2307.80 of the Revised Code, except that	1082
express or implied assumption of the risk may not be asserted as	1083
an affirmative defense to an intentional tort claim.	1084

(2) Subject to division (B)(3) of this section, if express or	1085
implied assumption of the risk is asserted as an affirmative	1086
defense to a product liability claim under sections 2307.71 to	1087
2307.80 of the Revised Code and if it is determined that the	1088
claimant expressly or impliedly assumed a risk and that the	1089
express or implied assumption of the risk was a direct and	1090
proximate cause of harm for which the claimant seeks to recover	1091
damages, the express or implied assumption of the risk is a	1092
complete bar to the recovery of those damages.	1093

(3) If implied assumption of the risk is asserted as an	1094
affirmative defense to a product liability claim against a	1095
supplier under division (A)(1) of section 2307.78 of the Revised	1096
Code, sections 2315.32 to 2315.36 of the Revised Code are	1097
applicable to that affirmative defense and shall be used to	1098
determine whether the claimant is entitled to recover compensatory	1099
damages based on that claim and the amount of any recoverable	1100
compensatory damages.	1101

Sec. 2307.75.  (A) Subject to divisions (D), (E), and (F) of	1102
this section, a product is defective in design or formulation if	1103
either of the following applies:	1104

(1) When, at the time it left the control of its	1105
manufacturer, the foreseeable risks associated with its design or	1106
formulation as determined pursuant to division (B) of this section	1107
exceeded the benefits associated with that design or formulation	1108
as determined pursuant to division (C) of this section;	1109

(2) It is more dangerous than an ordinary consumer would	1110
expect when used in an intended or reasonably foreseeable manner.	1111

(B) The foreseeable risks associated with the design or	1112
formulation of a product shall be determined by considering	1113
factors including, but not limited to, the following:	1114

(1) The nature and magnitude of the risks of harm associated	1115
with that design or formulation in light of the intended and	1116
reasonably foreseeable uses, modifications, or alterations of the	1117
product;	1118

(2) The likely awareness of product users, whether based on	1119
warnings, general knowledge, or otherwise, of those risks of harm;	1120

(3) The likelihood that that design or formulation would	1121
cause harm in light of the intended and reasonably foreseeable	1122
uses, modifications, or alterations of the product;	1123

(4) The extent to which that design or formulation conformed	1124
to any applicable public or private product standard that was in	1125
effect when the product left the control of its manufacturer.	1126

(C) The benefits associated with the design or formulation of	1127
a product shall be determined by considering factors including,	1128
but not limited to, the following:	1129

(1) The intended or actual utility of the product, including	1130
any performance or safety advantages associated with that design	1131
or formulation;	1132

(2) The technical and economic feasibility, when the product	1133
left the control of its manufacturer, of using an alternative	1134
design or formulation;	1135

(3) The nature and magnitude of any foreseeable risks	1136
associated with such an alternative design or formulation.	1137

(D) An ethical drug or ethical medical device is not	1138
defective in design or formulation because some aspect of it is	1139
unavoidably unsafe, if the manufacturer of the ethical drug or	1140
ethical medical device provides adequate warning and instruction	1141
under section 2307.76 of the Revised Code concerning that	1142
unavoidably unsafe aspect.	1143

(E) A product is not defective in design or formulation if	1144
the harm for which the claimant seeks to recover compensatory	1145
damages was caused by an inherent characteristic of the product	1146
which is a generic aspect of the product that cannot be eliminated	1147
without substantially compromising the product's usefulness or	1148
desirability and which is recognized by the ordinary person with	1149
the ordinary knowledge common to the community.	1150

(F) A product is not defective in design or formulation if,	1151
at the time the product left the control of its manufacturer, a	1152
practical and technically feasible alternative design or	1153
formulation was not available that would have prevented the harm	1154
for which the claimant seeks to recover compensatory damages	1155
without substantially impairing the usefulness or intended purpose	1156
of the product, unless the manufacturer acted unreasonably in	1157
introducing the product into trade or commerce.	1158

Sec. 2307.80.  (A) Subject to divisiondivisions (C) and (D)	1159
of this section, punitive or exemplary damages shall not be	1160
awarded against a manufacturer or supplier in question in	1161
connection with a product liability claim unless the claimant	1162
establishes, by clear and convincing evidence, that harm for which	1163
the claimant is entitled to recover compensatory damages in	1164
accordance with section 2307.73 or 2307.78 of the Revised Code was	1165
the result of misconduct of the manufacturer or supplier in	1166
question that manifested a flagrant disregard of the safety of	1167
persons who might be harmed by the product in question. The fact	1168
by itself that a product is defective does not establish a	1169
flagrant disregard of the safety of persons who might be harmed by	1170
that product.	1171

(B) Whether the trier of fact is a jury or the court, if the	1172
trier of fact determines that a manufacturer or supplier in	1173
question is liable for punitive or exemplary damages in connection	1174
with a product liability claim, the amount of those damages shall	1175
be determined by the court. In determining the amount of punitive	1176
or exemplary damages, the court shall consider factors including,	1177
but not limited to, the following:	1178

(1) The likelihood that serious harm would arise from the	1179
misconduct of the manufacturer or supplier in question;	1180

(2) The degree of the awareness of the manufacturer or	1181
supplier in question of that likelihood;	1182

(3) The profitability of the misconduct to the manufacturer	1183
or supplier in question;	1184

(4) The duration of the misconduct and any concealment of it	1185
by the manufacturer or supplier in question;	1186

(5) The attitude and conduct of the manufacturer or supplier	1187
in question upon the discovery of the misconduct and whether the	1188
misconduct has terminated;	1189

(6) The financial condition of the manufacturer or supplier	1190
in question;	1191

(7) The total effect of other punishment imposed or likely to	1192
be imposed upon the manufacturer or supplier in question as a	1193
result of the misconduct, including awards of punitive or	1194
exemplary damages to persons similarly situated to the claimant	1195
and the severity of criminal penalties to which the manufacturer	1196
or supplier in question has been or is likely to be subjected.	1197

(C) If(1) Except as provided in division (C)(2) of this	1198
section, if a claimant alleges in a product liability claim that a	1199
drug or device caused harm to the claimant, the manufacturer of	1200
the drug or device shall not be liable for punitive or exemplary	1201
damages in connection with that product liability claim if the	1202
drug or device that allegedly caused the harm satisfies either of	1203
the following:	1204

(a) It was manufactured and labeled in relevant and material	1205
respects in accordance with the terms of an approval or license	1206
issued by the federal food and drug administration under the	1207
"Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21	1208
U.S.C. 301-392, as amended, or the "Public Health Service Act," 58	1209
Stat. 682 (1944), 42 U.S.C. 201-300cc-15, as amended, unless it is	1210
established.	1211

(b) It was an over-the-counter drug marketed pursuant to	1212
federal regulations, was generally recognized as safe and	1213
effective and as not being misbranded pursuant to the applicable	1214
federal regulations, and satisfied in relevant and material	1215
respects each of the conditions contained in the applicable	1216
regulations and each of the conditions contained in an applicable	1217
monograph.	1218

(2) Division (C)(1) of this section does not apply if the	1219
claimant establishes, by a preponderance of the evidence, that the	1220
manufacturer fraudulently and in violation of applicable	1221
regulations of the food and drug administration withheld from the	1222
food and drug administration information known to be material and	1223
relevant to the harm that the claimant allegedly suffered or	1224
misrepresented to the food and drug administration information of	1225
that type. For	1226

As used in this division, "fraudulently" means when the	1227
sponsor of the drug or medical device approval had not disclosed	1228
to the food and drug administration, in the premarket approval	1229
application or new drug application and related submissions, that	1230
which was required to be disclosed in order to secure the approval	1231
from the food and drug administration, which data came into the	1232
actual or constructive possession of the sponsor or its agents	1233
during the pendency of the investigational device exemption,	1234
investigational new drug expectation, new drug application, or	1235
premarket approval application or prior to or subsequent to the	1236
date of the actual approval of the new drug application.	1237

(3) For purposes of this division, "drugdivisions (C) and	1238
(D) of this section:	1239

(a) "Drug" has the same meaning given to that termas in the	1240
"Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040, 1041	1241
(1938), 21 U.S.C. 321(g)(1), as amended.	1242

(b) "Device" has the same meaning as in the "Federal Food,	1243
Drug, and Cosmetic Act," 52 Stat. 1040, 1041 (1938), 21 U.S.C.	1244
321(h), as amended.	1245

(D)(1) If a claimant alleges in a product liability claim	1246
that a product other than a drug or device caused harm to the	1247
claimant, the manufacturer or supplier of the product shall not be	1248
liable for punitive or exemplary damages in connection with the	1249
claim if the manufacturer or supplier fully complied with all	1250
applicable government safety and performance standards, whether or	1251
not designated as such by the government, relative to the	1252
product's manufacture or construction, the product's design or	1253
formulation, adequate warnings or instructions, and	1254
representations when the product left the control of the	1255
manufacturer or supplier, and the claimant's injury results from	1256
an alleged defect of a product's manufacture or construction, the	1257
product's design or formulation, adequate warnings or	1258
instructions, and representations for which there is an applicable	1259
government safety or performance standard.	1260

(2) Division (D)(1) of this section does not apply if the	1261
claimant establishes, by a preponderance of the evidence, that the	1262
manufacturer or supplier of the product other than a drug or	1263
device fraudulently and in violation of applicable government	1264
safety and performance standards withheld from an applicable	1265
government agency information known to be material and relevant to	1266
the harm that the claimant allegedly suffered or misrepresented to	1267
an applicable government agency information of that type.	1268

(E) The bifurcated trial provisions of division (B) of	1269
section 2315.21 of the Revised Code, the ceiling on recoverable	1270
punitive or exemplary damages specified in division (D)(1) of that	1271
section, and the provisions of division (D)(3) of that section	1272
apply to awards of punitive or exemplary damages under this	1273
section.	1274

Sec. 2315.01. (A) When the jury is sworn, unless for special	1275
reasons the court otherwise directs, the trial shall proceed in	1276
the following order except as provided in section 2315.02 of the	1277
Revised Code:	1278

(A)(1) The plaintiff concisely mustshall state the	1279
plaintiff's claim, and briefly may state the plaintiff's evidence	1280
to sustain it.	1281

(B)(2) The defendant must then briefly shall state the	1282
defendant's defense, and briefly may state the defendant's	1283
evidence in support of it.	1284

(C)(3) The party who would be defeated if no evidence were	1285
offered on either side, first, mustshall produce that party's	1286
evidence, and the adverse party mustshall then produce the	1287
adverse party's evidence.	1288

(D)(4) The parties then shall be confined to rebutting	1289
evidence, unless the court for good reasons,and in the	1290
furtherance of justice, permits them to offer evidence in their	1291
original cases.	1292

(E)(5) When the evidence is concluded, either party may	1293
present written instructions to the court on matters of law and	1294
request them to be given to the jury, which instructions shall be	1295
given or refused by the. The court shall give or refuse to give	1296
the written instructions to the jury before the argument to the	1297
jury is commenced.	1298

(F)(6) The parties then may submit or argue the case to the	1299
jury. The party required first to produce that party's evidence	1300
shall have the opening and closing arguments. If several	1301
defendants, havinghave separate defenses,and appear by different	1302
counsel, the court shall arrange their relative order.	1303

(G)(7) The court, after the argument is concluded,and before	1304
proceeding with other business, shall charge the jury. Any charge	1305
shall be reduced to writing by theThe court shall reduce a charge	1306
to writing if either party, before the argument to the jury is	1307
commenced, requests it. Such charge may be examined by theThe	1308
parties may examine that charge before any closing argument is	1309
made by any of the parties. AIf a charge or instruction, when so	1310
is written and given,as prescribed in this division, the court	1311
shall not be orally qualified, modifiedqualify, modify, or in any	1312
manner explainedexplain the charge or instruction to the jury by	1313
the court. All written charges and instructions shall be taken by	1314
the jurors in their retirement, shall be returned with their	1315
verdict into court, and shall remain on file with the papers of	1316
the case.	1317

(B) In all tort actions, the court shall instruct the jury	1318
regarding the extent to which an award of compensatory damages or	1319
punitive or exemplary damages is or is not subject to taxation	1320
under federal or state income tax laws.	1321

As used in this division, "tort action" means a civil action	1322
for damages for injury, death, or loss to person or property.	1323
"Tort action" includes a product liability claim, as defined in	1324
section 2307.71 of the Revised Code, and an asbestos claim, as	1325
defined in section 2307.91 of the Revised Code, but does not	1326
include a civil action for damages for breach of contract or	1327
another agreement between persons.	1328

Division (B) of this section shall be considered to be purely	1329
remedial in operation and shall be applied in a remedial manner in	1330
any civil action commenced on or after the effective date of this	1331
amendment, in which division (B) of this section is relevant,	1332
regardless of when the cause of action accrued and notwithstanding	1333
any other section of the Revised Code or prior rule of law of this	1334
state, but shall not be construed to apply to any civil action	1335
pending prior to the effective date of this amendment.	1336

Sec. 2315.19.  (A) As used in this section:

1337

(1) "Medical claim," "dental claim," "optometric claim," and	1338
"chiropractic claim" have the same meanings as in section 2305.113	1339
of the Revised Code.	1340

(2) "Noneconomic loss" means nonpecuniary harm that results	1341
from an injury or loss to person or property that is a subject of	1342
a tort action, including, but not limited to, pain and suffering,	1343
loss of society, consortium, companionship, care, assistance,	1344
attention, protection, advice, guidance, counsel, instruction,	1345
training, or education, disfigurement, mental anguish, and any	1346
other intangible loss.	1347

(3) "Product liability claim" has the same meaning as in	1348
section 2307.71 of the Revised Code.	1349

(4) "Tort action" means a civil action for damages for	1350
injury, death, or loss to person or property. "Tort action"	1351
includes a civil action upon a product liability claim or an	1352
asbestos claim. "Tort action" does not include a civil action upon	1353
a medical claim, dental claim, optometric claim, or chiropractic	1354
claim or a civil action for damages for a breach of contract or	1355
another agreement between persons.	1356

(5) "Trier of fact" means the jury or, in a nonjury action,	1357
the court.	1358

(6) "Asbestos claim" has the same meaning as in section	1359
2307.91 of the Revised Code.	1360

(B) In determining an award of compensatory damages for	1361
noneconomic loss in a tort action, the trier of fact shall not	1362
consider any of the following:	1363

(1) Evidence of a defendant's alleged wrongdoing, misconduct,	1364
or guilt;	1365

(2) Evidence of the defendant's wealth or financial	1366
resources;	1367

(3) All other evidence that is offered for the purpose of	1368
punishing the defendant, rather than offered for a compensatory	1369
purpose.	1370

(C)(1) Upon a post-judgment motion, a trial court in a tort	1371
action shall review the evidence supporting an award of	1372
compensatory damages for noneconomic loss that is challenged as	1373
inadequate or excessive. That review shall include, but is not	1374
limited to, the following factors:	1375

(a) Whether the evidence presented or the arguments of the	1376
attorneys resulted in one or more of the following events in the	1377
determination of an award of compensatory damages for noneconomic	1378
loss:	1379

(i) It inflamed the passion or prejudice of the trier of	1380
fact.	1381

(ii) It resulted in the improper consideration of the wealth	1382
or lack of wealth of the defendant.	1383

(iii) It resulted in the improper consideration of the	1384
misconduct of a party so as to punish that party improperly or in	1385
circumvention of the limitation on punitive or exemplary damages	1386
as provided in section 2315.21 of the Revised Code.	1387

(b) Whether the verdict is less than or in excess of verdicts	1388
involving comparable injuries to similarly situated plaintiffs;	1389

(c) Whether there were any extraordinary circumstances in the	1390
record to account for an award of compensatory damages for	1391
noneconomic loss less than or in excess of what was granted by	1392
courts to similarly situated plaintiffs, with consideration given	1393
to the type of injury, the severity of the injury, and the	1394
plaintiff's age at the time of the injury.	1395

(2) The party that has challenged an award of compensatory	1396
damages for noneconomic loss as inadequate or excessive has the	1397
burden of proof to show that the award for damages for noneconomic	1398
loss is inadequate or excessive.	1399

(D) A trial court upholding an award of compensatory damages	1400
for noneconomic loss that a party has challenged as inadequate or	1401
excessive shall set forth in writing its reasons for upholding the	1402
award.	1403

(E) An appellate court shall use a de novo standard of review	1404
when considering an appeal of an award of compensatory damages for	1405
noneconomic loss on the grounds that the award is inadequate or	1406
excessive.	1407

Sec. 2315.20.  (A) In any tort action, the defendant may	1408
introduce evidence of any amount payable as a benefit to the	1409
plaintiff as a result of the damages that result from an injury,	1410
death, or loss to person or property that is the subject of the	1411
claim upon which the action is based, except if the source of	1412
collateral benefits has a mandatory self-effectuating federal	1413
right of subrogation, a contractual right of subrogation, or a	1414
statutory right of subrogation or if the source pays the plaintiff	1415
a benefit that is in the form of a life insurance payment or a	1416
disability payment.	1417

(B) If the defendant elects to introduce evidence described	1418
in division (A) of this section, the plaintiff may introduce	1419
evidence of any amount that the plaintiff has paid or contributed	1420
to secure the plaintiff's right to receive the benefits of which	1421
the defendant has introduced evidence.	1422

(C) A source of collateral benefits of which evidence is	1423
introduced pursuant to division (A) of this section shall not	1424
recover any amount against the plaintiff nor shall it be	1425
subrogated to the rights of the plaintiff against a defendant.	1426

(D) As used in this section:

1427

(1) "Tort action" means a civil action for damages for	1428
injury, death, or loss to person or property. "Tort action"	1429
includes a civil action upon a product liability claim and an	1430
asbestos claim. "Tort action" does not include a civil action upon	1431
a medical claim, dental claim, optometric claim, or chiropractic	1432
claim or a civil action for damages for a breach of contract or	1433
another agreement between persons.	1434

(2) "Medical claim," "dental claim," "optometric claim," and	1435
"chiropractic claim" have the same meanings as in section 2305.113	1436
of the Revised Code.	1437

(3) "Product liability claim" has the same meaning as in	1438
section 2307.71 of the Revised Code.	1439

(4) "Asbestos claim" has the same meaning as in section	1440
2307.91 of the Revised Code.	1441

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

1442

(1) "Tort action" means a civil action for damages for injury	1443
or loss to person or property. "Tort action" includes a product	1444
liability claim for damages for injury or loss to person or	1445
property that is subject to sections 2307.71 to 2307.80 of the	1446
Revised Code, but does not include a civil action for damages for	1447
a breach of contract or another agreement between persons.	1448

(2) "Trier of fact" means the jury or, in a nonjury action,	1449
the court.	1450

(3) "Home" has the same meaning as in section 3721.10 of the	1451
Revised Code.	1452

(4) "Employer" includes, but is not limited to, a parent,	1453
subsidiary, affiliate, division, or department of the employer. If	1454
the employer is an individual, the individual shall be considered	1455
an employer under this section only if the subject of the tort	1456
action is related to the individual's capacity as an employer.	1457

(5) "Small employer" means an employer who employs not more	1458
than one hundred persons on a full-time permanent basis, or, if	1459
the employer is classified as being in the manufacturing sector by	1460
the North American industrial classification system, "small	1461
employer" means an employer who employs not more than five hundred	1462
persons on a full-time permanent basis.	1463

(B)(1) In a tort action that is tried to a jury and in which	1464
a plaintiff makes a claim for compensatory damages and a claim for	1465
punitive or exemplary damages, upon the motion of any party, the	1466
trial of the tort action shall be bifurcated as follows:	1467

(a) The initial stage of the trial shall relate only to the	1468
presentation of evidence, and a determination by the jury, with	1469
respect to whether the plaintiff is entitled to recover	1470
compensatory damages for the injury or loss to person or property	1471
from the defendant. During this stage, no party to the tort action	1472
shall present, and the court shall not permit a party to present,	1473
evidence that relates solely to the issue of whether the plaintiff	1474
is entitled to recover punitive or exemplary damages for the	1475
injury or loss to person or property from the defendant.	1476

(b) If the jury determines in the initial stage of the trial	1477
that the plaintiff is entitled to recover compensatory damages for	1478
the injury or loss to person or property from the defendant,	1479
evidence may be presented in the second stage of the trial, and a	1480
determination by that jury shall be made, with respect to whether	1481
the plaintiff additionally is entitled to recover punitive or	1482
exemplary damages for the injury or loss to person or property	1483
from the defendant.	1484

(2) In a tort action that is tried to a jury and in which a	1485
plaintiff makes a claim for both compensatory damages and punitive	1486
or exemplary damages, the court shall instruct the jury to return,	1487
and the jury shall return, a general verdict and, if that verdict	1488
is in favor of the plaintiff, answers to an interrogatory that	1489
specifies the total compensatory damages recoverable by the	1490
plaintiff from each defendant.	1491

(3) In a tort action that is tried to a court and in which a	1492
plaintiff makes a claim for both compensatory damages and punitive	1493
or exemplary damages, the court shall make its determination with	1494
respect to whether the plaintiff is entitled to recover	1495
compensatory damages for the injury or loss to person or property	1496
from the defendant and, if that determination is in favor of the	1497
plaintiff, shall make findings of fact that specify the total	1498
compensatory damages recoverable by the plaintiff from the	1499
defendant.	1500

(C) Subject to division (D)(E) of this section, punitive or	1501
exemplary damages are not recoverable from a defendant in question	1502
in a tort action unless both of the following apply:	1503

(1) The actions or omissions of that defendant demonstrate	1504
malice,or aggravated or egregious fraud, oppression, or insult,	1505
or that defendant as principal or master knowingly authorized,	1506
participated in, or ratified actions or omissions of an agent or	1507
servant that so demonstrate.	1508

(2) The trier of fact has returned a verdict or has made a	1509
determination pursuant to division (B)(2) or (3) of this section	1510
of the total compensatory damages recoverable by the plaintiff in	1511
question has adduced proof of actual damages that resulted from	1512
actions or omissions as described in division (B)(1) of this	1513
sectionfrom that defendant.	1514

(C)(D)(1) In a tort action, the trier of fact shall determine	1515
the liability of any defendant for punitive or exemplary damages	1516
and the amount of those damages.	1517

(2) Except as provided in division (D)(6) of this section,	1518
all of the following apply regarding any award of punitive or	1519
exemplary damages in a tort action:	1520

(a) The court shall not enter judgment for punitive or	1521
exemplary damages in excess of two times the amount of the	1522
compensatory damages awarded to the plaintiff from that defendant,	1523
as determined pursuant to division (B)(2) or (3) of this section.	1524

(b) If the defendant is a small employer or individual, the	1525
court shall not enter judgment for punitive or exemplary damages	1526
in excess of the lesser of two times the amount of the	1527
compensatory damages awarded to the plaintiff from the defendant	1528
or ten percent of the employer's or individual's net worth when	1529
the tort was committed up to a maximum of three hundred fifty	1530
thousand dollars, as determined pursuant to division (B)(2) or (3)	1531
of this section.	1532

(c) Any attorneys fees awarded as a result of a claim for	1533
punitive or exemplary damages shall not be considered for purposes	1534
of determining the cap on punitive damages.	1535

(3) No award of prejudgment interest under division (C)(1) of	1536
section 1343.03 of the Revised Code shall include any prejudgment	1537
interest on punitive or exemplary damages found by the trier of	1538
fact.	1539

(4) In a tort action, the burden of proof shall be upon a	1540
plaintiff in question, by clear and convincing evidence, to	1541
establish that the plaintiff is entitled to recover punitive or	1542
exemplary damages.	1543

(5)(a) In any tort action, except as provided in division	1544
(D)(5)(b) or (6) of this section, punitive or exemplary damages	1545
shall not be awarded against a defendant if that defendant files	1546
with the court a certified judgment, judgment entries, or other	1547
evidence showing that punitive or exemplary damages have already	1548
been awarded and have been collected, in any state or federal	1549
court, against that defendant based on the same act or course of	1550
conduct that is alleged to have caused the injury or loss to	1551
person or property for which the plaintiff seeks compensatory	1552
damages and that the aggregate of those previous punitive or	1553
exemplary damage awards exceeds the maximum amount of punitive or	1554
exemplary damages that may be awarded under division (D)(2) of	1555
this section against that defendant in the tort action.	1556

(b) Notwithstanding division (D)(5)(a) of this section and	1557
except as provided in division (D)(6) of this section, punitive or	1558
exemplary damages may be awarded against a defendant in either of	1559
the following types of tort actions:	1560

(i) In subsequent tort actions involving the same act or	1561
course of conduct for which punitive or exemplary damages have	1562
already been awarded, if the court determines by clear and	1563
convincing evidence that the plaintiff will offer new and	1564
substantial evidence of previously undiscovered, additional	1565
behavior of a type described in division (C) of this section on	1566
the part of that defendant, other than the injury or loss for	1567
which the plaintiff seeks compensatory damages. In that case, the	1568
court shall make specific findings of fact in the record to	1569
support its conclusion. The court shall reduce the amount of any	1570
punitive or exemplary damages otherwise awardable pursuant to this	1571
section by the sum of the punitive or exemplary damages awards	1572
previously rendered against that defendant in any state or federal	1573
court. The court shall not inform the jury about the court's	1574
determination and action under division (D)(5)(b)(i) of this	1575
section.	1576

(ii) In subsequent tort actions involving the same act or	1577
course of conduct for which punitive or exemplary damages have	1578
already been awarded, if the court determines by clear and	1579
convincing evidence that the total amount of prior punitive or	1580
exemplary damages awards was totally insufficient to punish that	1581
defendant's behavior of a type described in division (C) of this	1582
section and to deter that defendant and others from similar	1583
behavior in the future. In that case, the court shall make	1584
specific findings of fact in the record to support its conclusion.	1585
The court shall reduce the amount of any punitive or exemplary	1586
damages otherwise awardable pursuant to this section by the sum of	1587
the punitive or exemplary damages awards previously rendered	1588
against that defendant in any state or federal court. The court	1589
shall not inform the jury about the court's determination and	1590
action under division (D)(5)(b)(ii) of this section.	1591

(6) Division (D)(2) of this section does not apply to a tort	1592
action where the alleged injury, death, or loss to person or	1593
property resulted from the defendant acting with one or more of	1594
the culpable mental states of purposely and knowingly as described	1595
in section 2901.22 of the Revised Code and when the defendant has	1596
been convicted of or pleaded guilty to a criminal offense that is	1597
a felony that had as an element of the offense one or more of the	1598
culpable mental states of purposely and knowingly as described in	1599
that section.	1600

(D)(E) This section does not apply to tort actions against	1601
the state in the court of claims, including, but not limited to,	1602
tort actions against a state university or college that are	1603
subject to division (B)(1) of section 3345.40 of the Revised Code,	1604
to tort actions against political subdivisions of this state that	1605
are commenced under or are subject to Chapter 2744. of the Revised	1606
Code, or to the extent that another section of the Revised Code	1607
expressly provides any of the following:	1608

(1) Punitive or exemplary damages are recoverable from a	1609
defendant in question in a tort action on a basis other than that	1610
the actions or omissions of that defendant demonstrate malice,or	1611
aggravated or egregious fraud, oppression, or insult, or on a	1612
basis other than that the defendant in question as principal or	1613
master knowingly authorized, participated in, or ratified actions	1614
or omissions of an agent or servant that so demonstrate.	1615

(2) Punitive or exemplary damages are recoverable from a	1616
defendant in question in a tort action irrespective of whether the	1617
plaintiff in question has adduced proof of actual damages.	1618

(3) The burden of proof upon a plaintiff in question to	1619
recover punitive or exemplary damages from a defendant in question	1620
in a tort action is one other than clear and convincing evidence.	1621

(4) Punitive or exemplary damages are not recoverable from a	1622
defendant in question in a tort action.	1623

(E)(F) If the trier of fact is a jury, the court shall not	1624
instruct the jury with respect to the limits on punitive or	1625
exemplary damages pursuant to division (D) of this section, and	1626
neither counsel for any party or a witness shall inform the jury	1627
or potential jurors of those limits.	1628

(G) When determining the amount of an award of punitive or	1629
exemplary damages against either a home or a residential facility	1630
licensed under section 5123.19 of the Revised Code, the trier of	1631
fact shall consider all of the following:	1632

(1) The ability of the home or residential facility to pay	1633
the award of punitive or exemplary damages based on the home's or	1634
residential facility's assets, income, and net worth;	1635

(2) Whether the amount of punitive or exemplary damages is	1636
sufficient to deter future tortious conduct;	1637

(3) The financial ability of the home or residential	1638
facility, both currently and in the future, to provide	1639
accommodations, personal care services, and skilled nursing care.	1640

Sec. 2315.32. (A) Sections 2315.32 to 2315.36 of the Revised	1641
Code do not apply to tort actions based on a product liability	1642
claimdescribed in section 4113.03 of the Revised Code.	1643

(B) The contributory fault of the plaintiff may be asserted	1644
as an affirmative defense to a negligence claim or to a tort claim	1645
other than a negligence claim, except that the contributory fault	1646
of the plaintiff may not be asserted as an affirmative defense to	1647
an intentional tort claim.	1648

Sec. 2315.33. The contributory fault of a person does not bar	1649
the person as plaintiff from recovering damages that have directly	1650
and proximately resulted from the tortious conduct of one or more	1651
other persons, if the contributory fault of the plaintiff was not	1652
greater than the combined tortious conduct of all other persons	1653
from whom the plaintiff seeks recovery in this action and of all	1654
other persons from whom the plaintiff does not seek recovery in	1655
this action. The court shall diminish any compensatory damages	1656
recoverable by the plaintiff by an amount that is proportionately	1657
equal to the percentage of tortious conduct of the plaintiff as	1658
determined pursuant to section 2315.34 of the Revised Code. This	1659
section does not apply to actions described in section 4113.03 of	1660
the Revised Code.	1661

Sec. 2315.34. If contributory fault is asserted and	1662
established as an affirmative defense to a negligencetort claim,	1663
the court in a nonjury action shall make findings of fact, and the	1664
jury in a jury action shall return a general verdict accompanied	1665
by answers to interrogatories, that shall specify the following:	1666

(A) The total amount of the compensatory damages that would	1667
have been recoverable on that negligencetort claim but for the	1668
tortious conduct of the plaintiff;	1669

(B) The portion of the compensatory damages specified under	1670
division (A) of this section that represents economic loss;	1671

(C) The portion of the compensatory damages specified under	1672
division (A) of this section that represents noneconomic loss;	1673

(D) The percentage of tortious conduct attributable to all	1674
persons as determined pursuant to section 2307.23 of the Revised	1675
Code.	1676

Sec. 2315.36. If contributory fault is asserted as an	1677
affirmative defense to a negligencetort claim, if it is	1678
determined that the plaintiff was contributorily at fault and that	1679
contributory fault was a direct and proximate cause of the injury,	1680
death, or loss to person or property that is the subject of the	1681
tort action, and if the plaintiff is entitled to recover	1682
compensatory damages pursuant to section 2315.33 of the Revised	1683
Code from more than one party, after it makes findings of fact or	1684
after the jury returns its general verdict accompanied by answers	1685
to interrogatories as described in section 2315.34 of the Revised	1686
Code, the court shall enter a judgment that is in favor of the	1687
plaintiff and that imposes liability pursuant to section 2307.22	1688
of the Revised Code.	1689

Sec. 2323.44. (A) As used in this section:

1690

(1) "Asbestos claim" has the same meaning as in section	1691
2307.91 of the Revised Code.	1692

(2) "Claimant" means a person, or the person's spouse, next	1693
of kin, or estate, who is eligible to receive compensation,	1694
medical benefits, or lost wage benefits under any health insurance	1695
plan, reimbursement plan, or wage continuation plan that is	1696
purchased by or on behalf of the claimant or is purchased, paid	1697
for, or purchased and paid for by the claimant's employer.	1698

(3) "Medical claim," "dental claim," "optometric claim," and	1699
"chiropractic claim" have the same meanings as in section 2305.113	1700
of the Revised Code.	1701

(4) "Net amount recovered" means the amount of any award,	1702
settlement, compromise, or recovery by a claimant against a third	1703
party, minus attorney fees, costs, or other expenses incurred by	1704
the claimant in securing the award, settlement, compromise, or	1705
recovery. "Net amount recovered" does not include any punitive	1706
damages that may be awarded by a judge or jury.	1707

(5) "Product liability claim" has the same meaning as in	1708
section 2307.71 of the Revised Code.	1709

(6) "Subrogation interest" includes past, present, and	1710
estimated future payments of compensation, medical benefits, or	1711
lost wage or wage continuation benefits paid or payable to or on	1712
behalf of the claimant by the subrogee.	1713

(7) "Subrogee" means the source of payment of compensation,	1714
medical benefits, or lost wage benefits payable to or on behalf of	1715
a claimant as a result of a health insurance plan, reimbursement	1716
plan, or lost wage payment or wage continuation plan that is	1717
purchased by or on behalf of a claimant or is purchased, paid for,	1718
or purchased and paid for by the claimant's employer.	1719

(8) "Third party" means an individual, private insurer, or	1720
public or private entity that is or may be liable to make payments	1721
to a claimant as a result of a civil action for damages for	1722
injury, death, or loss to person or property.	1723

(9) "Tort action" means a civil action for damages for	1724
injury, death, or loss to person or property. "Tort action"	1725
includes a civil action upon a product liability claim, a civil	1726
action upon a medical claim, dental claim, optometric claim, or	1727
chiropractic claim, or an asbestos claim. "Tort action" does not	1728
include a civil action for damages for a breach of contract or	1729
another agreement between persons.	1730

(10) "Uncompensated damages" means the claimant's	1731
demonstrated or proven damages as a result of a tort action for	1732
injury, death, or loss to person or property minus the subrogee's	1733
subrogation interest.	1734

(B) Notwithstanding any contract or policy language to the	1735
contrary, a subrogee shall have the right to recover its	1736
subrogation interest against a third party and is subrogated to	1737
the rights of a claimant against that third party only as follows:	1738

(1) The claimant shall receive an amount equal to the	1739
uncompensated damages divided by the sum of the subrogation	1740
interest plus the uncompensated damages, multiplied by the net	1741
amount recovered.	1742

(2) The subrogee shall receive an amount equal to the	1743
subrogation interest divided by the sum of the subrogation	1744
interest plus the uncompensated damages, multiplied by the net	1745
amount recovered.	1746

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

1747

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

1748

(a) The filing of a civil action, the assertion of a claim,	1749
defense, or other position in connection with a civil action, the	1750
filing of a pleading, motion, or other paper in a civil action,	1751
including, but not limited to, a motion or paper filed for	1752
discovery purposes, or the taking of any other action in	1753
connection with a civil action;	1754

(b) The filing by an inmate of a civil action or appeal	1755
against a government entity or employee, the assertion of a claim,	1756
defense or other position in connection with a civil action of	1757
that nature or the assertion of issues of law in an appeal of that	1758
nature, or the taking of any other action in connection with a	1759
civil action or appeal of that nature.	1760

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

1761

(a) Conduct of an inmate or other party to a civil action, of	1762
an inmate who has filed an appeal of the type described in	1763
division (A)(1)(b) of this section, or of the inmate's or other	1764
party's counsel of record that satisfies eitherany of the	1765
following:	1766

(i) It obviously serves merely to harass or maliciously	1767
injure another party to the civil action or appeal or is for	1768
another improper purpose, including, but not limited to, causing	1769
unnecessary delay or a needless increase in the cost of	1770
litigation.	1771

(ii) It is not warranted under existing law and, cannot be	1772
supported by a good faith argument for an extension, modification,	1773
or reversal of existing law, or cannot be supported by a good	1774
faith argument for the establishment of new law.	1775

(iii) The conduct consists of allegations or other factual	1776
contentions that have no evidentiary support or, if specifically	1777
so identified, are not likely to have evidentiary support after a	1778
reasonable opportunity for further investigation or discovery.	1779

(iv) The conduct consists of denials or factual contentions	1780
that are not warranted by the evidence or, if specifically so	1781
identified, are not reasonably based on a lack of information or	1782
belief.	1783

(b) An inmate's commencement of a civil action or appeal	1784
against a government entity or employee when any of the following	1785
applies:	1786

(i) The claim that is the basis of the civil action fails to	1787
state a claim or the issues of law that are the basis of the	1788
appeal fail to state any issues of law.	1789

(ii) It is clear that the inmate cannot prove material facts	1790
in support of the claim that is the basis of the civil action or	1791
in support of the issues of law that are the basis of the appeal.	1792

(iii) The claim that is the basis of the civil action is	1793
substantially similar to a claim in a previous civil action	1794
commenced by the inmate or the issues of law that are the basis of	1795
the appeal are substantially similar to issues of law raised in a	1796
previous appeal commenced by the inmate, in that the claim that is	1797
the basis of the current civil action or the issues of law that	1798
are the basis of the current appeal involve the same parties or	1799
arise from the same operative facts as the claim or issues of law	1800
in the previous civil action or appeal.	1801

(3) "Civil action or appeal against a government entity or	1802
employee," "inmate," "political subdivision," and "employee" have	1803
the same meanings as in section 2969.21 of the Revised Code.	1804

(4) "Reasonable attorney's fees" or "attorney's fees," when	1805
used in relation to a civil action or appeal against a government	1806
entity or employee, includes both of the following, as applicable:	1807

(a) The approximate amount of the compensation, and the	1808
fringe benefits, if any, of the attorney general, an assistant	1809
attorney general, or special counsel appointed by the attorney	1810
general that has been or will be paid by the state in connection	1811
with the legal services that were rendered by the attorney	1812
general, assistant attorney general, or special counsel in the	1813
civil action or appeal against the government entity or employee,	1814
including, but not limited to, a civil action or appeal commenced	1815
pro se by an inmate, and that were necessitated by frivolous	1816
conduct of an inmate represented by counsel of record, the counsel	1817
of record of an inmate, or a pro se inmate.	1818

(b) The approximate amount of the compensation, and the	1819
fringe benefits, if any, of a prosecuting attorney or other chief	1820
legal officer of a political subdivision, or an assistant to a	1821
chief legal officer of those natures, who has been or will be paid	1822
by a political subdivision in connection with the legal services	1823
that were rendered by the chief legal officer or assistant in the	1824
civil action or appeal against the government entity or employee,	1825
including, but not limited to, a civil action or appeal commenced	1826
pro se by an inmate, and that were necessitated by frivolous	1827
conduct of an inmate represented by counsel of record, the counsel	1828
of record of an inmate, or a pro se inmate.	1829

(5) "State" has the same meaning as in section 2743.01 of the	1830
Revised Code.	1831

(6) "State correctional institution" has the same meaning as	1832
in section 2967.01 of the Revised Code.	1833

(B)(1) Subject to divisions (B)(2) and (3), (C), and (D) of	1834
this section and except as otherwise provided in division	1835
(E)(2)(b) of section 101.15 or division (I)(2)(b) of section	1836
121.22 of the Revised Code, at any time prior to the commencement	1837
of the trial in a civil action or within twenty-one days after the	1838
entry of judgment in a civil action or at any time prior to the	1839
hearing in an appeal of the type described in division (A)(1)(b)	1840
of this section that is filed by an inmate or within twenty-one	1841
days after the entry of judgment in an appeal of that nature, the	1842
courtnot more than thirty days after the entry of final judgment	1843
in a civil action or appeal, any party adversely affected by	1844
frivolous conduct may file a motion for an award of court costs,	1845
reasonable attorney's fees, and other reasonable expenses incurred	1846
in connection with the civil action or appeal to any party to the	1847
civil action or appeal who was adversely affected by frivolous	1848
conduct. The court may assess and make an award may be assessedto	1849
any party to the civil action or appeal who was adversely affected	1850
by frivolous conduct, as provided in division (B)(4) of this	1851
section.	1852

(2) An award may be made pursuant to division (B)(1) of this	1853
section upon the motion of a party to a civil action or an appeal	1854
of the type described in that division or on the court's own	1855
initiative, but only after the court does all of the following:	1856

(a) Sets a date for a hearing to be conducted in accordance	1857
with division (B)(2)(c) of this section, to determine whether	1858
particular conduct was frivolous, to determine, if the conduct was	1859
frivolous, whether any party was adversely affected by it, and to	1860
determine, if an award is to be made, the amount of that award;	1861

(b) Gives notice of the date of the hearing described in	1862
division (B)(2)(a) of this section to each party or counsel of	1863
record who allegedly engaged in frivolous conduct and to each	1864
party who allegedly was adversely affected by frivolous conduct;	1865

(c) Conducts the hearing described in division (B)(2)(a) of	1866
this section in accordance with this division, allows the parties	1867
and counsel of record involved to present any relevant evidence at	1868
the hearing, including evidence of the type described in division	1869
(B)(5) of this section, determines that the conduct involved was	1870
frivolous and that a party was adversely affected by it, and then	1871
determines the amount of the award to be made. If any party or	1872
counsel of record who allegedly engaged in or allegedly was	1873
adversely affected by frivolous conduct is confined in a state	1874
correctional institution or in a county, multicounty, municipal,	1875
municipal-county, or multicounty-municipal jail or workhouse, the	1876
court, if practicable, may hold the hearing by telephone or, in	1877
the alternative, at the institution, jail, or workhouse in which	1878
the party or counsel is confined.	1879

(3) The amount of an award made pursuant to division (B)(1)	1880
of this section that represents reasonable attorney's fees shall	1881
not exceed, and may be equal to or less than, whichever of the	1882
following is applicable:	1883

(a) If the party is being represented on a contingent fee	1884
basis, an amount that corresponds to reasonable fees that would	1885
have been charged for legal services had the party been	1886
represented on an hourly fee basis or another basis other than a	1887
contingent fee basis;	1888

(b) In all situations other than that described in division	1889
(B)(3)(a) of this section, the attorney's fees that were	1890
reasonably incurred by a party.	1891

(4) An award made pursuant to division (B)(1) of this section	1892
may be made against a party, the party's counsel of record, or	1893
both.	1894

(5)(a) In connection with the hearing described in division	1895
(B)(2)(a) of this section, each party who may be awarded	1896
reasonable attorney's fees and the party's counsel of record may	1897
submit to the court or be ordered by the court to submit to it,	1898
for consideration in determining the amount of the reasonable	1899
attorney's fees, an itemized list or other evidence of the legal	1900
services rendered, the time expended in rendering the services,	1901
and whichever of the following is applicable:	1902

(i) If the party is being represented by that counsel on a	1903
contingent fee basis, the reasonable attorney's fees that would	1904
have been associated with those services had the party been	1905
represented by that counsel on an hourly fee basis or another	1906
basis other than a contingent fee basis;	1907

(ii) In all situations other than those described in division	1908
(B)(5)(a)(i) of this section, the attorney's fees associated with	1909
those services.	1910

(b) In connection with the hearing described in division	1911
(B)(2)(a) of this section, each party who may be awarded court	1912
costs and other reasonable expenses incurred in connection with	1913
the civil action or appeal may submit to the court or be ordered	1914
by the court to submit to it, for consideration in determining the	1915
amount of the costs and expenses, an itemized list or other	1916
evidence of the costs and expenses that were incurred in	1917
connection with that action or appeal and that were necessitated	1918
by the frivolous conduct, including, but not limited to, expert	1919
witness fees and expenses associated with discovery.	1920

(C) An award of reasonable attorney's fees under this section	1921
does not affect or determine the amount of or the manner of	1922
computation of attorney's fees as between an attorney and the	1923
attorney's client.	1924

(D) This section does not affect or limit the application of	1925
any provision of the Rules of Civil Procedure, the Rules of	1926
Appellate Procedure, or another court rule or section of the	1927
Revised Code to the extent that the provision prohibits an award	1928
of court costs, attorney's fees, or other expenses incurred in	1929
connection with a particular civil action or appeal or authorizes	1930
an award of court costs, attorney's fees, or other expenses	1931
incurred in connection with a particular civil action or appeal in	1932
a specified manner, generally, or subject to limitations.	1933

Sec. 2505.02.  (A) As used in this section:

1934

(1) "Substantial right" means a right that the United States	1935
Constitution, the Ohio Constitution, a statute, the common law, or	1936
a rule of procedure entitles a person to enforce or protect.	1937

(2) "Special proceeding" means an action or proceeding that	1938
is specially created by statute and that prior to 1853 was not	1939
denoted as an action at law or a suit in equity.	1940

(3) "Provisional remedy" means a proceeding ancillary to an	1941
action, including, but not limited to, a proceeding for a	1942
preliminary injunction, attachment, discovery of privileged	1943
matter, suppression of evidence, or a prima-facie showing pursuant	1944
to section 2307.85 or 2307.86 of the Revised Code, a prima-facie	1945
showing pursuant to section 2307.92 of the Revised Code, or a	1946
finding made pursuant to division (A)(3) of section 2307.93 of the	1947
Revised Code.	1948

(B) An order is a final order that may be reviewed, affirmed,	1949
modified, or reversed, with or without retrial, when it is one of	1950
the following:	1951

(1) An order that affects a substantial right in an action	1952
that in effect determines the action and prevents a judgment;	1953

(2) An order that affects a substantial right made in a	1954
special proceeding or upon a summary application in an action	1955
after judgment;	1956

(3) An order that vacates or sets aside a judgment or grants	1957
a new trial;	1958

(4) An order that grants or denies a provisional remedy and	1959
to which both of the following apply:	1960

(a) The order in effect determines the action with respect to	1961
the provisional remedy and prevents a judgment in the action in	1962
favor of the appealing party with respect to the provisional	1963
remedy.	1964

(b) The appealing party would not be afforded a meaningful or	1965
effective remedy by an appeal following final judgment as to all	1966
proceedings, issues, claims, and parties in the action.	1967

(5) An order that determines that an action may or may not be	1968
maintained as a class action;	1969

(6) An order determining the constitutionality of any changes	1970
to the Revised Code made by Am. Sub. S.B. 281 of the 124th general	1971
assembly, including the amendment of sections 1751.67, 2117.06,	1972
2305.11, 2305.15, 2305.234, 2317.02, 2317.54, 2323.56, 2711.21,	1973
2711.22, 2711.23, 2711.24, 2743.02, 2743.43, 2919.16, 3923.63,	1974
3923.64, 3929.71, 4705.15, and 5111.018, and the enactment of	1975
sections 2305.113, 2323.41, 2323.43, and 2323.55 of the Revised	1976
Code or any changes made by Sub. S.B. 80 of the 125th general	1977
assembly, including the amendment of sections 2125.02, 2305.10,	1978
2315.19, and 2315.21 of the Revised Code.	1979

(C) When a court issues an order that vacates or sets aside a	1980
judgment or grants a new trial, the court, upon the request of	1981
either party, shall state in the order the grounds upon which the	1982
new trial is granted or the judgment vacated or set aside.	1983

(D) This section applies to and governs any action, including	1984
an appeal, that is pending in any court on July 22, 1998, and all	1985
claims filed or actions commenced on or after July 22, 1998,	1986
notwithstanding any provision of any prior statute or rule of law	1987
of this state.	1988

Sec. 4507.07.  (A) The registrar of motor vehicles shall not	1989
grant the application of any minor under eighteen years of age for	1990
a probationary license, a restricted license, or a temporary	1991
instruction permit, unless the application is signed by one of the	1992
minor's parents, the minor's guardian, another person having	1993
custody of the applicant, or, if there is no parent or guardian, a	1994
responsible person who is willing to assume the obligation imposed	1995
under this section.	1996

At the time a minor under eighteen years of age submits an	1997
application for a license or permit at a driver's license	1998
examining station, the adult who signs the application shall	1999
present identification establishing that the adult is the	2000
individual whose signature appears on the application. The	2001
registrar shall prescribe, by rule, the types of identification	2002
that are suitable for the purposes of this paragraph. If the adult	2003
who signs the application does not provide identification as	2004
required by this paragraph, the application shall not be accepted.	2005

When a minor under eighteen years of age applies for a	2006
probationary license, a restricted license, or a temporary	2007
instruction permit, the registrar shall give the adult who signs	2008
the application notice of the potential liability that may be	2009
imputed to the adult pursuant to division (B) of this section and	2010
notice of how the adult may prevent any liability from being	2011
imputed to the adult pursuant to that division.	2012

(B) Any negligence, or willful or wanton misconduct, that is	2013
committed by a minor under eighteen years of age when driving a	2014
motor vehicle upon a highway shall be imputed to the person who	2015
has signed the application of the minor for a probationary	2016
license, restricted license, or temporary instruction permit,	2017
which person shall be jointly and severally liable with the minor	2018
for any damages caused by the negligence or the willful or wanton	2019
misconduct. This joint and several liability is not subject to	2020
section 2307.22,or 2315.36, or 2315.46 of the Revised Code with	2021
respect to a negligencetort claim that otherwise is subject to	2022
that section.	2023

There shall be no imputed liability imposed under this	2024
division if a minor under eighteen years of age has proof of	2025
financial responsibility with respect to the operation of a motor	2026
vehicle owned by the minor or, if the minor is not the owner of a	2027
motor vehicle, with respect to the minor's operation of any motor	2028
vehicle, in the form and in the amounts required under Chapter	2029
4509. of the Revised Code.	2030

(C) Any person who has signed the application of a minor	2031
under eighteen years of age for a license or permit subsequently	2032
may surrender to the registrar the license or temporary	2033
instruction permit of the minor and request that the license or	2034
permit be canceled. The registrar then shall cancel the license or	2035
temporary instruction permit, and the person who signed the	2036
application of the minor shall be relieved from the liability	2037
imposed by division (B) of this section.	2038

(D) Any minor under eighteen years of age whose probationary	2039
license, restricted license, or temporary instruction permit is	2040
surrendered to the registrar by the person who signed the	2041
application for the license or permit and whose license or	2042
temporary instruction permit subsequently is canceled by the	2043
registrar may obtain a new license or temporary instruction permit	2044
without having to undergo the examinations otherwise required by	2045
sections 4507.11 and 4507.12 of the Revised Code and without	2046
having to tender the fee for that license or temporary instruction	2047
permit, if the minor is able to produce another parent, guardian,	2048
other person having custody of the minor, or other adult, and that	2049
adult is willing to assume the liability imposed under division	2050
(B) of this section. That adult shall comply with the procedures	2051
contained in division (A) of this section.	2052

Sec. 4513.263.  (A) As used in this section and in section	2053
4513.99 of the Revised Code:	2054

(1) "Automobile" means any commercial tractor, passenger car,	2055
commercial car, or truck that is required to be factory-equipped	2056
with an occupant restraining device for the operator or any	2057
passenger by regulations adopted by the United States secretary of	2058
transportation pursuant to the "National Traffic and Motor Vehicle	2059
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	2060

(2) "Occupant restraining device" means a seat safety belt,	2061
shoulder belt, harness, or other safety device for restraining a	2062
person who is an operator of or passenger in an automobile and	2063
that satisfies the minimum federal vehicle safety standards	2064
established by the United States department of transportation.	2065

(3) "Passenger" means any person in an automobile, other than	2066
its operator, who is occupying a seating position for which an	2067
occupant restraining device is provided.	2068

(4) "Commercial tractor," "passenger car," and "commercial	2069
car" have the same meanings as in section 4501.01 of the Revised	2070
Code.	2071

(5) "Vehicle" and "motor vehicle," as used in the definitions	2072
of the terms set forth in division (A)(4) of this section, have	2073
the same meanings as in section 4511.01 of the Revised Code.	2074

(6) "Tort action" means a civil action for damages for	2075
injury, death, or loss to person or property. "Tort action"	2076
includes a product liability claim, as defined in section 2307.71	2077
of the Revised Code, and an asbestos claim, as defined in section	2078
2307.91 of the Revised Code, but does not include a civil action	2079
for damages for breach of contract or another agreement between	2080
persons.	2081

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

2082

(1) Operate an automobile on any street or highway unless	2083
that person is wearing all of the available elements of a properly	2084
adjusted occupant restraining device, or operate a school bus that	2085
has an occupant restraining device installed for use in its	2086
operator's seat unless that person is wearing all of the available	2087
elements of the device, as properly adjusted;	2088

(2) Operate an automobile on any street or highway unless	2089
each passenger in the automobile who is subject to the requirement	2090
set forth in division (B)(3) of this section is wearing all of the	2091
available elements of a properly adjusted occupant restraining	2092
device;	2093

(3) Occupy, as a passenger, a seating position on the front	2094
seat of an automobile being operated on any street or highway	2095
unless that person is wearing all of the available elements of a	2096
properly adjusted occupant restraining device;	2097

(4) Operate a taxicab on any street or highway unless all	2098
factory-equipped occupant restraining devices in the taxicab are	2099
maintained in usable form.	2100

(C) Division (B)(3) of this section does not apply to a	2101
person who is required by section 4511.81 of the Revised Code to	2102
be secured in a child restraint device. Division (B)(1) of this	2103
section does not apply to a person who is an employee of the	2104
United States postal service or of a newspaper home delivery	2105
service, during any period in which the person is engaged in the	2106
operation of an automobile to deliver mail or newspapers to	2107
addressees. Divisions (B)(1) and (3) of this section do not apply	2108
to a person who has an affidavit signed by a physician licensed to	2109
practice in this state under Chapter 4731. of the Revised Code or	2110
a chiropractor licensed to practice in this state under Chapter	2111
4734. of the Revised Code that states that the person has a	2112
physical impairment that makes use of an occupant restraining	2113
device impossible or impractical.	2114

(D) Notwithstanding any provision of law to the contrary, no	2115
law enforcement officer shall cause an operator of an automobile	2116
being operated on any street or highway to stop the automobile for	2117
the sole purpose of determining whether a violation of division	2118
(B) of this section has been or is being committed or for the sole	2119
purpose of issuing a ticket, citation, or summons for a violation	2120
of that nature or causing the arrest of or commencing a	2121
prosecution of a person for a violation of that nature, and no law	2122
enforcement officer shall view the interior or visually inspect	2123
any automobile being operated on any street or highway for the	2124
sole purpose of determining whether a violation of that nature has	2125
been or is being committed.	2126

(E) All fines collected for violations of division (B) of	2127
this section, or for violations of any ordinance or resolution of	2128
a political subdivision that is substantively comparable to that	2129
division, shall be forwarded to the treasurer of state for deposit	2130
as follows:	2131

(1) Eight per cent shall be deposited into the seat belt	2132
education fund, which is hereby created in the state treasury, and	2133
shall be used by the department of public safety to establish a	2134
seat belt education program.	2135

(2) Eight per cent shall be deposited into the elementary	2136
school program fund, which is hereby created in the state	2137
treasury, and shall be used by the department of public safety to	2138
establish and administer elementary school programs that encourage	2139
seat safety belt use.	2140

(3) Two per cent shall be deposited into the Ohio medical	2141
transportation trust fund created by section 4766.05 of the	2142
Revised Code.	2143

(4) Twenty-eight per cent shall be deposited into the trauma	2144
and emergency medical services fund, which is hereby created in	2145
the state treasury, and shall be used by the department of public	2146
safety for the administration of the division of emergency medical	2147
services and the state board of emergency medical services.	2148

(5) Fifty-four per cent shall be deposited into the trauma	2149
and emergency medical services grants fund, which is hereby	2150
created in the state treasury, and shall be used by the state	2151
board of emergency medical services to make grants, in accordance	2152
with section 4765.07 of the Revised Code and rules the board	2153
adopts under section 4765.11 of the Revised Code.	2154

(F)(1) Subject to division (F)(2) of this section, theThe	2155
failure of a person to wear all of the available elements of a	2156
properly adjusted occupant restraining device in violation of	2157
division (B)(1) or (3) of this section or the failure of a person	2158
to ensure that each minor who is a passenger of an automobile	2159
being operated by thethat person is wearing all of the available	2160
elements of such a properly adjusted occupant restraining device,	2161
in violation of division (B)(2) of this section, shall not be	2162
considered or used by the trier of fact in a tort action as	2163
evidence of negligence or contributory negligence, shall not. But,	2164
the trier of fact may determine based on evidence admitted	2165
consistent with the Ohio rules of evidence that the failure	2166
contributed to the harm alleged in the tort action and may	2167
diminish a recovery forof compensatory damages that represents	2168
noneconomic loss, as defined in section 2307.011 of the Revised	2169
Code, in any civila tort action involving the person arising from	2170
the ownership, maintenance, or operation of an automobile;that	2171
could have been recovered but for the plaintiff's failure to wear	2172
all of the available elements of a properly adjusted occupant	2173
restraining device. Evidence of that failure shall not be used as	2174
a basis for a criminal prosecution of the person other than a	2175
prosecution for a violation of this section; and shall not be	2176
admissible as evidence in any civil ora criminal action involving	2177
the person other than a prosecution for a violation of this	2178
section.	2179

(2) If, at the time of an accident involving a passenger car	2180
equipped with occupant restraining devices, any occupant of the	2181
passenger car who sustained injury or death was not wearing an	2182
available occupant restraining device, was not wearing all of the	2183
available elements of such a device, or was not wearing such a	2184
device as properly adjusted, then, consistent with the Rules of	2185
Evidence, the fact that the occupant was not wearing the available	2186
occupant restraining device, was not wearing all of the available	2187
elements of such a device, or was not wearing such a device as	2188
properly adjusted is admissible in evidence in relation to any	2189
claim for relief in a tort action to the extent that the claim for	2190
relief satisfies all of the following:	2191

(a) It seeks to recover damages for injury or death to the	2192
occupant.	2193

(b) The defendant in question is the manufacturer, designer,	2194
distributor, or seller of the passenger car.	2195

(c) The claim for relief against the defendant in question is	2196
that the injury or death sustained by the occupant was enhanced or	2197
aggravated by some design defect in the passenger car or that the	2198
passenger car was not crashworthy.	2199

(3) As used in division (F)(2) of this section, "tort action"	2200
means a civil action for damages for injury, death, or loss to	2201
person or property. "Tort action" includes a product liability	2202
claim that is subject to sections 2307.71 to 2307.80 of the	2203
Revised Code, but does not include a civil action for damages for	2204
a breach of a contract or another agreement between persons.	2205

(G)(1) Whoever violates division (B)(1) of this section shall	2206
be fined thirty dollars.	2207

(2) Whoever violates division (B)(3) of this section shall be	2208
fined twenty dollars.	2209

(3) Except as otherwise provided in this division, whoever	2210
violates division (B)(4) of this section is guilty of a minor	2211
misdemeanor. If the offender previously has been convicted of or	2212
pleaded guilty to a violation of division (B)(4) of this section,	2213
whoever violates division (B)(4) of this section is guilty of a	2214
misdemeanor of the third degree.	2215

Section 2. That existing sections 1775.14, 2117.06, 2125.02,	2216
2125.04, 2305.01, 2305.03, 2305.10, 2305.25, 2307.011, 2307.23,	2217
2307.29, 2307.60, 2307.71, 2307.75, 2307.80, 2315.01, 2315.21,	2218
2315.32, 2315.33, 2315.34, 2315.36, 2323.51, 2505.02, 4507.07, and	2219
4513.263 and sections        Sec. 2315.41. ,        Sec. 2315.42. ,        Sec. 2315.43. ,        Sec. 2315.44. ,        Sec. 2315.45. ,	2220
and        Sec. 2315.46.  of the Revised Code are hereby repealed.	2221

Section 3. The General Assembly makes the following statement	2222
of findings and intent:	2223

(A) The General Assembly finds:

2224

(1) The current civil litigation system represents a	2225
challenge to the economic viability of the state of Ohio.	2226

(2) The General Assembly recognizes that a fair system of	2227
civil justice strikes an essential balance between the rights of	2228
those who have been legitimately harmed and the rights of those	2229
who have been unfairly sued.	2230

(3) This state has a rational and legitimate state interest	2231
in making certain that Ohio has a fair, predictable system of	2232
civil justice that preserves the rights of those who have been	2233
harmed by negligent behavior, while curbing the number of	2234
frivolous lawsuits. The General Assembly bases its findings on	2235
this state interest upon the following evidence:	2236

(a) A National Bureau of Economic Research study estimates	2237
that states that have adopted abuse reforms have experienced	2238
employment growth between eleven and twelve per cent, productivity	2239
growth of seven to eight per cent, and total output growth between	2240
ten and twenty per cent for liability reducing reforms.	2241

(b) According to a 2002 study from the White House Council of	2242
Economic Advisors, the cost of tort litigation is equal to a two	2243
and one tenth per cent wage and salary tax, a one and three tenth	2244
per cent tax on personal consumption, and a three and one tenth	2245
per cent tax on capital investment income.	2246

(c) The 2003 Harris Poll of nine hundred and twenty-eight	2247
senior corporate attorneys conducted by the United States Chamber	2248
of Commerce's Institute for Legal Reform reports that eight out of	2249
ten respondents claim that the litigation environment in a state	2250
could affect important business decisions about their company,	2251
such as where to locate or do business. In addition, one in four	2252
senior attorneys surveyed cited limits on damages as one specific	2253
means for state policy makers to improve the litigation	2254
environment in their state and promote economic development.	2255

(d) The cost of the United States tort system grew at a	2256
record rate in 2001, according to a February 2003 study published	2257
by Tillinghast-Towers Perrin. The system, however, failed to	2258
return even fifty cents for every dollar to people who were	2259
injured. Tillinghast-Towers Perrin also found that fifty-four per	2260
cent of the total cost accounted for attorney's fees, both for	2261
plaintiffs and defendants, and administration. Only twenty-two per	2262
cent of the tort system's cost was used directly to reimburse	2263
people for the economic damages associated with injuries and	2264
losses they sustain.	2265

(e) The Tillinghast-Towers Perrin study also found that the	2266
cost of the United States tort system grew fourteen and three	2267
tenths of a per cent in 2001, the highest increase since 1986,	2268
greatly exceeding overall economic growth of two and six tenth per	2269
cent. As a result, the cost of the United States tort system rose	2270
to two hundred and five billion dollars total or seven hundred and	2271
twenty-one dollars per citizen, equal to a five per cent tax on	2272
wages.	2273

(f) As stated in testimony by Ohio Department of Development	2274
Director Bruce Johnson, as a percentage of the gross domestic	2275
product, United States tort costs have grown from six tenths of a	2276
per cent to two per cent since 1950, about double the percentage	2277
that other industrialized nations pay annually. These tort costs	2278
put Ohio businesses at a disadvantage vis-a-vis foreign	2279
competition and are not helpful to development.	2280

(4)(a) Reform to the punitive damages law in Ohio is urgently	2281
needed to restore balance, fairness, and predictability to the	2282
civil justice system.	2283

(b) In prohibiting a court from entering judgment for	2284
punitive or exemplary damages in excess of the two times the	2285
amount of compensatory damages awarded to the plaintiff and, with	2286
respect to an individual or small employer that employs not more	2287
than one hundred persons or if the employer is classified as being	2288
in the manufacturing sector not more than five hundred persons,	2289
from entering judgment for punitive or exemplary damages in excess	2290
of the lesser of two times the amount of compensatory damages	2291
awarded to the plaintiff or ten per cent of the individual's or	2292
employer's net worth when the tort was committed up to a maximum	2293
of three hundred fifty thousand dollars, the General Assembly	2294
finds the following:	2295

(i) Punitive or exemplary damages awarded in tort actions are	2296
similar in nature to fines and additional court costs imposed in	2297
criminal actions, because punitive or exemplary damages, fines,	2298
and additional court costs are designed to punish a tortfeasor for	2299
certain wrongful actions or omissions.	2300

(ii) The absence of a statutory ceiling upon recoverable	2301
punitive or exemplary damages in tort actions has resulted in	2302
occasional multiple awards of punitive or exemplary damages that	2303
have no rational connection to the wrongful actions or omissions	2304
of the tortfeasor.	2305

(iii) The distinction between small employers and other	2306
defendants based on the number of full-time permanent employees	2307
distinguishes all other defendants including individuals and	2308
nonemployers. This distinction is rationally based on size	2309
considering both the economic capacity of an employer to maintain	2310
that number of employees and to impact the community at large, as	2311
exemplified by the United States Small Business Administration's	2312
Office of Advocacy.	2313

(c) The limits on punitive or exemplary damages as specified	2314
in section 2315.21 of the Revised Code, as amended by this act,	2315
are based on guidance recently provided by the United States	2316
Supreme Court in State Farm Mutual Insurance v. Campbell (2003),	2317
123 S.Ct. 1513. In determining whether a one hundred and	2318
forty-five million dollar award of punitive damages was	2319
appropriate, the United States Supreme Court referred to the three	2320
guideposts for punitive damages articulated in BMW of North	2321
America Inc. v. Gore (1996), 517 U.S. 599: (1) the degree of	2322
reprehensibility of the defendant's misconduct; (2) the disparity	2323
between the actual or potential harm suffered by the plaintiff and	2324
the punitive damages awarded; and (3) the difference between the	2325
punitive damages awarded by the jury and the civil penalties	2326
authorized or imposed in comparable cases. According to the United	2327
States Supreme Court, "few awards exceeding a single digit ratio	2328
between punitive damages and compensatory damages. . . will	2329
satisfy due process." Id. at 31.	2330

(d) The limits on punitive or exemplary damages as specified	2331
in section 2315.21 of the Revised Code, as amended by this act,	2332
are based on testimony asking members of the General Assembly to	2333
recognize the economic impact of occasional multiple punitive	2334
damages awards and stating that a number of other states have	2335
imposed limits on punitive or exemplary damage awards.	2336

(5)(a) Statutes of repose are vital instruments that provide	2337
time limits, closure, and peace of mind to potential parties of	2338
lawsuits.	2339

(b) Forty-seven other states have adopted statutes of repose	2340
to protect architects, engineers, and constructors of improvements	2341
to real property from lawsuits arising after a specific number of	2342
years after completion of an improvement to real property. The	2343
General Assembly recognizes that Kentucky, New York, and Ohio are	2344
the only three states that do not have a statute of repose. The	2345
General Assembly also acknowledges that Ohio stands by itself, due	2346
to the fact that both Kentucky and New York have a rebuttable	2347
presumption that exists and only if a plaintiff can overcome that	2348
presumption can a claim continue.	2349

(c) As stated in testimony by Jack Pottmeyer, architect and	2350
managing principal of MKC Associates, Inc., this unlimited	2351
liability forces professionals to maintain records in perpetuity,	2352
because those professionals cannot reasonably predict when a	2353
record from fifteen or twenty years earlier may become the subject	2354
of a civil action. Those actions occur despite the fact that, over	2355
the course of many years, owners of the property or those	2356
responsible for its maintenance could make modifications or other	2357
substantial changes that would significantly change the intent or	2358
scope of the original design of the property designed by an	2359
architectural firm. The problem is compounded by the fact that	2360
professional liability insurance for architects and engineers is	2361
offered by relatively few insurance carriers and is written on	2362
what is known as a "claims made basis," meaning a policy must be	2363
in effect when the claim is made, not at the time of the service,	2364
in order for the claim to be paid. Without a statute of repose,	2365
professional liability insurance must be maintained forever to	2366
ensure coverage of any potential claim on previous services. These	2367
minimum annual premiums can add up, averaging between three	2368
thousand five hundred dollars and five thousand dollars annually,	2369
which is especially burdensome for a retired design professional.	2370

(6)(a) The collateral source rule prohibits a defendant from	2371
introducing evidence that the plaintiff received any benefits from	2372
sources outside the dispute.	2373

(b) Twenty-one states have modified or abolished the	2374
collateral source rule.	2375

(B) In enacting section 2305.131 of the Revised Code in this	2376
act, it is the intent of the General Assembly to do all of the	2377
following:	2378

(1) To declare that the ten-year statute of repose prescribed	2379
by section 2305.131 of the Revised Code, as enacted by this act,	2380
is a specific provision intended to promote a greater interest	2381
than the interest underlying the general four-year statute of	2382
limitations prescribed by section 2305.09 of the Revised Code, the	2383
general two-year statute of limitations prescribed by section	2384
2305.10 of the Revised Code, and other general statutes of	2385
limitation prescribed by the Revised Code;	2386

(2) To recognize that, subsequent to the completion of the	2387
construction of an improvement to real property, all of the	2388
following generally apply to the persons who provided services for	2389
the improvement or who furnished the design, planning, supervision	2390
of construction, or construction of the improvement:	2391

(a) They lack control over the improvement, the ability to	2392
make determinations with respect to the improvement, and the	2393
opportunity or responsibility to maintain or undertake the	2394
maintenance of the improvement.	2395

(b) They lack control over other forces, uses, and	2396
intervening causes that may cause stress, strain, or wear and tear	2397
to the improvement.	2398

(c) They have no right or opportunity to be made aware of, to	2399
evaluate the effect of, or to take action to overcome the effect	2400
of the forces, uses, and intervening causes described in division	2401
(E)(5)(b) of this section.	2402

(3) To recognize that, more than ten years after the	2403
completion of the construction of an improvement to real property,	2404
the availability of relevant evidence pertaining to the	2405
improvement and the availability of witnesses knowledgeable with	2406
respect to the improvement is problematic;	2407

(4) To recognize that maintaining records and other	2408
documentation pertaining to services provided for an improvement	2409
to real property or the design, planning, supervision of	2410
construction, or construction of an improvement to real property	2411
for a reasonable period of time is appropriate and to recognize	2412
that, because the useful life of an improvement to real property	2413
may be substantially longer than ten years after the completion of	2414
the construction of the improvement, it is an unacceptable burden	2415
to require the maintenance of those types of records and other	2416
documentation for a period in excess of ten years after that	2417
completion;	2418

(5) To declare that section 2305.131 of the Revised Code, as	2419
enacted by this act, strikes a rational balance between the rights	2420
of prospective claimants and the rights of design professionals,	2421
construction contractors, and construction subcontractors and to	2422
declare that the ten-year statute of repose prescribed in that	2423
section is a rational period of repose intended to preclude the	2424
pitfalls of stale litigation but not to affect civil actions	2425
against those in actual control and possession of an improvement	2426
to real property at the time that a defective and unsafe condition	2427
of that improvement causes an injury to real or personal property,	2428
bodily injury, or wrongful death.	2429

(C) In enacting division (D)(2) of section 2125.02 and	2430
division (C) of section 2305.10 of the Revised Code in this act,	2431
it is the intent of the General Assembly to do all of the	2432
following:	2433

(1) To declare that the ten-year statute of repose prescribed	2434
by division (D)(2) of section 2125.02 and division (C) of section	2435
2305.10 of the Revised Code, as enacted by this act, are specific	2436
provisions intended to promote a greater interest than the	2437
interest underlying the general four-year statute of limitations	2438
prescribed by section 2305.09 of the Revised Code, the general	2439
two-year statutes of limitations prescribed by sections 2125.02	2440
and 2305.10 of the Revised Code, and other general statutes of	2441
limitations prescribed by the Revised Code;	2442

(2) To declare that, subject to the two-year exceptions	2443
prescribed in division (D)(2)(d) of section 2125.02 and in	2444
division (C)(4) of section 2305.10 of the Revised Code, the	2445
ten-year statutes of repose shall serve as a limitation upon the	2446
commencement of a civil action in accordance with an otherwise	2447
applicable statute of limitations prescribed by the Revised Code;	2448

(3) To recognize that subsequent to the delivery of a	2449
product, the manufacturer or supplier lacks control over the	2450
product, over the uses made of the product, and over the	2451
conditions under which the product is used;	2452

(4) To recognize that under the circumstances described in	2453
division (C)(3) of this section, it is more appropriate for the	2454
party or parties who have had control over the product during the	2455
intervening time period to be responsible for any harm caused by	2456
the product;	2457

(5) To recognize that, more than ten years after a product	2458
has been delivered, it is very difficult for a manufacturer or	2459
supplier to locate reliable evidence and witnesses regarding the	2460
design, production, or marketing of the product, thus severely	2461
disadvantaging manufacturers or suppliers in their efforts to	2462
defend actions based on a product liability claim;	2463

(6) To recognize the inappropriateness of applying current	2464
legal and technological standards to products manufactured many	2465
years prior to the commencement of an action based on a product	2466
liability claim;	2467

(7) To recognize that a statute of repose for product	2468
liability claims would enhance the competitiveness of Ohio	2469
manufacturers by reducing their exposure to disruptive and	2470
protracted liability with respect to products long out of their	2471
control, by increasing finality in commercial transactions, and by	2472
allowing manufacturers to conduct their affairs with increased	2473
certainty;	2474

(8) To declare that division (D)(2) of section 2125.02 and	2475
division (C) of section 2305.10 of the Revised Code, as enacted by	2476
this act, strike a rational balance between the rights of	2477
prospective claimants and the rights of product manufacturers and	2478
suppliers and to declare that the ten-year statutes of repose	2479
prescribed in those sections are rational periods of repose	2480
intended to preclude the problems of stale litigation but not to	2481
affect civil actions against those in actual control and	2482
possession of a product at the time that the product causes an	2483
injury to real or personal property, bodily injury, or wrongful	2484
death;	2485

(D) The General Assembly declares its intent that the	2486
amendment made by this act to section 2307.71 of the Revised Code	2487
is intended to supersede the holding of the Ohio Supreme Court in	2488
Carrel v. Allied Products Corp. (1997), 78 Ohio St.3d 284, that	2489
the common law product liability cause of action of negligent	2490
design survives the enactment of the Ohio Product Liability Act,	2491
sections 2307.71 to 2307.80 of the Revised Code, and to abrogate	2492
all common law product liability causes of action.	2493

(E) The Ohio General Assembly respectfully requests the Ohio	2494
Supreme Court to uphold this intent in the courts of Ohio, to	2495
reconsider its holding on damage caps in State v. Sheward (1999),	2496
Ohio St. 3d 451, to reconsider its holding on the deductibility of	2497
collateral source benefits in Sorrel v. Thevenir (1994), 69 Ohio	2498
St. 3d 415, and to reconsider its holding on statutes of repose in	2499
Brennaman v. R.M.I. Co. (1994), 70 Ohio St. 3d 460.	2500

Section 4. (A) The General Assembly acknowledges the Court's	2501
authority in prescribing rules governing practice and procedure in	2502
the courts of this state, as provided by Section 5 of Article IV	2503
of the Ohio Constitution.	2504

(B) The General Assembly hereby requests the Supreme Court to	2505
adopt a "Legal Consumer's Bill of Rights" that would substantially	2506
conform with the following language:	2507

Each attorney who is licensed to practice law in this state	2508
shall append to every written retainer agreement or contract for	2509
legal services a legal consumer's bill of rights that shall be	2510
substantially in the following form:	2511

"LEGAL CONSUMER'S BILL OF RIGHTS

2512

Consumers of legal services have both rights and	2513
responsibilities in the resolution of legal disputes. Lawyers, as	2514
well, have duties and rights related to the clients they	2515
represent. This listing is designed to provide consumers with an	2516
overview of their rights and responsibilities in relating to their	2517
lawyers and in the resolution of their legal matters.	2518

Client rights and lawyer duties:

2519

1. COURTESY

2520

You can expect to be treated with courtesy and consideration	2521
by your lawyer and by others under the supervision of your lawyer	2522
involved in your legal matter.	2523

2. PROFESSIONALISM

2524

You can expect competent and diligent representation by your	2525
lawyer, in accord with accepted aspirational standards of	2526
professionalism.	2527

3. ATTENTION

2528

You can expect your lawyer's independent professional	2529
judgment and loyalty uncompromised by conflicts of interest. Your	2530
lawyer will maintain accurate records and protect any funds you	2531
provide regarding your legal matter.	2532

4. FEE DISCLOSURE

2533

You can expect your lawyer to fully disclose fee arrangements	2534
and other costs at the onset of your relationship, and to provide	2535
a written fee agreement or contingency fee contract.	2536

5. RESPONSIVENESS

2537

You can expect to have your questions answered and telephone	2538
calls returned by your lawyer in a reasonable time in accordance	2539
with professional standards.	2540

6. CONTROL

2541

You can expect your lawyer to keep you informed about the	2542
progress of your legal matter, to disclose alternative approaches	2543
to resolving your legal matter, and to have you participate	2544
meaningfully in the resolution process.	2545

7. RESPECT

2546

You can expect to have your lawyer respect your legitimate	2547
objectives and to include you in making settlement decisions	2548
regarding your legal dispute.	2549

8. CONFIDENTIALITY

2550

You can expect to have your lawyer honor the attorney-client	2551
privilege, protect your right to privacy and preserve your secrets	2552
and confidences.	2553

9. ETHICS

2554

You can expect ethical conduct from your lawyer in accord	2555
with the Code of Professional Responsibility.	2556

10. NON-DISCRIMINATION

2557

You may not be refused representation based upon race, creed,	2558
color, religion, sex, age, national origin or disability.	2559

11. GRIEVANCES

2560

You may file a grievance with the certified grievance	2561
committee of your local bar association or the Ohio State Bar	2562
Association or with the Board of Commissioners on Grievances and	2563
Discipline of the Supreme Court if you are not satisfied with the	2564
legal services you have retained. The committee and the board	2565
include nonattorneys as members. The Board of Commissioners on	2566
Grievances and Discipline of the Supreme Court of Ohio has the	2567
authority to discipline and to impose sanctions on attorneys in	2568
Ohio.	2569

Client responsibilities

2570

1. TRUTHFULNESS

2571

Your lawyer can expect you to be truthful and to have you	2572
provide a full disclosure of pertinent information needed to	2573
handle your legal matter.	2574

2. RESPONSIVENESS

2575

Your lawyer can expect you to provide timely responses to	2576
reasonable requests for information, and to be on time for legal	2577
proceedings. Your lawyer can expect you to pay your legal bills in	2578
a timely manner.	2579

3. COURTESY

2580

Just as you expect to be treated with respect and courtesy,	2581
your lawyer can expect you to set appointments in advance to meet	2582
with your lawyer, to be responsible for making reasonable requests	2583
of your lawyer's time, and to be treated respectfully.	2584

4. COMMUNICATION

2585

Your lawyers can expect you to communicate in a timely manner	2586
about your legal matter, or if you are unhappy with the way your	2587
matter is being handled. There is a grievance procedure in place	2588
to handle disputes with your lawyer that you are not able to	2589
resolve on your own.	2590

5. ETHICS

2591

Your lawyer can expect not to be asked to engage in behavior	2592
that is unethical, inappropriate, unprofessional, or illegal."	2593

(C) The General Assembly hereby requests the Supreme Court to	2594
amend Ohio Rules of Civil Procedure Rule 68 to conform to Federal	2595
Rules of Civil Procedure Rule 68.	2596

Section 5.  If any item of law that constitutes the whole or	2597
part of a section of law contained in this act, or if any	2598
application of any item of law that constitutes the whole or part	2599
of a section of law contained in this act, is held invalid, the	2600
invalidity does not affect other items of law or applications of	2601
items of law that can be given effect without the invalid item of	2602
law or application. To this end, the items of law of which the	2603
sections contained in this act are composed, and their	2604
applications, are independent and severable.	2605

Section 6. If any item of law that constitutes the whole or	2606
part of a section of law contained in this act, or if any	2607
application of any item of law contained in this act, is held to	2608
be preempted by federal law, the preemption of the item of law or	2609
its application does not affect other items of law or applications	2610
that can be given affect. The items of law of which the sections	2611
of this act are composed, and their applications, are independent	2612
and severable.	2613

Section 7.  Section 2505.02 of the Revised Code is presented	2614
in this act as a composite of the section as amended by Am. Sub.	2615
H.B. 292, Am. Sub. H.B. 342, and Sub. S.B. 187 of the 125th	2616
General Assembly. The General Assembly, applying the principle	2617
stated in division (B) of section 1.52 of the Revised Code that	2618
amendments are to be harmonized if reasonably capable of	2619
simultaneous operation, finds that the composite is the resulting	2620
version of the section in effect prior to the effective date of	2621
the section as presented in this act.	2622