(B) Where the violation was an act or practice declared to
be | 30 |
deceptive or unconscionable by rule adopted under division (B)(2) | 31 |
of section 1345.05 of the Revised Code before the consumer | 32 |
transaction on which the action is based, or an act or practice | 33 |
determined by a court of this state to violate section 1345.02, | 34 |
1345.03, or 1345.031 of the Revised Code and committed after the | 35 |
decision
containing the determination has been made available for | 36 |
public
inspection under division (A)(3) of section 1345.05 of the | 37 |
Revised Code, the consumer may rescind the transaction or
recover, | 38 |
but not in a class action, three times the amount of
the | 39 |
consumer's
actual economic damages or two hundred dollars, | 40 |
whichever is greater, plus an amount not exceeding five thousand | 41 |
dollars in noneconomic damages or
recover damages or other | 42 |
appropriate relief in a class action
under Civil Rule 23, as | 43 |
amended. | 44 |
(2) If a consumer transaction between a loan officer, | 51 |
mortgage broker, or nonbank mortgage lender and a customer is in | 52 |
connection with a residential mortgage, revocation of the consumer | 53 |
transaction in an action for rescission is only available to a | 54 |
consumer in an individual action, and shall occur for no reason | 55 |
other than one or more of the reasons set forth in the "Truth in | 56 |
Lending Act," 82 Stat. 146 (1968), 15 U.S.C. 1635, not later than | 57 |
the time limit within which the right of rescission under section | 58 |
125(f) of the "Truth in Lending Act" expires. | 59 |
(E) When a consumer commences an individual action for a | 63 |
declaratory judgment or an injunction or a class action under
this | 64 |
section, the clerk of court shall immediately mail a copy of
the | 65 |
complaint to the attorney general. Upon timely application,
the | 66 |
attorney general may be permitted to intervene in any private | 67 |
action or appeal pending under this section. When a judgment
under | 68 |
this section becomes final, the clerk of court shall mail a
copy | 69 |
of the judgment including supporting opinions to the
attorney | 70 |
general for inclusion in the public file maintained
under division | 71 |
(A)(3) of section 1345.05 of the Revised Code. | 72 |
Sec. 2307.60. (A)(1)
Anyone injured in person or property by | 90 |
a
criminal act has, and
may recover full damages in, a civil | 91 |
action
unless specifically excepted by
law, may recover the costs | 92 |
of
maintaining the civil action and attorney's fees
if authorized | 93 |
by
any provision of the Rules of Civil Procedure or another | 94 |
section
of the Revised Code or under the common law of this state, | 95 |
and may
recover
punitive or exemplary damages if authorized by | 96 |
section
2315.21 or another
section of the Revised Code.
No record | 97 |
of a
conviction, unless
obtained by confession in open court, | 98 |
shall
be
used as evidence in a civil
action brought pursuant to | 99 |
division
(A) of
this
section. | 100 |
(2) A final judgment of a trial court that has not been | 101 |
reversed on appeal or otherwise set aside, nullified, or vacated, | 102 |
entered after a trial or upon a plea of guilty, but not upon a | 103 |
plea of no contest or the equivalent plea from another | 104 |
jurisdiction, that adjudges an offender guilty of an offense of | 105 |
violence punishable by death or imprisonment in excess of one | 106 |
year, when entered as evidence in any subsequent civil proceeding | 107 |
based on the criminal act, shall preclude the offender from | 108 |
denying in the subsequent civil proceeding any fact essential to | 109 |
sustaining that judgment, unless the offender can demonstrate that | 110 |
extraordinary circumstances prevented the offender from having a | 111 |
full and fair opportunity to litigate the issue in the criminal | 112 |
proceeding or other extraordinary circumstances justify affording | 113 |
the offender an opportunity to relitigate the issue. The offender | 114 |
may introduce evidence of the offender's pending appeal of the | 115 |
final judgment of the trial court, if applicable, and the court | 116 |
may consider that evidence in determining the liability of the | 117 |
offender. | 118 |
(B)(1) As used in division (B) of this section, "tort action" | 119 |
means a civil action for damages for
injury, death, or loss to | 120 |
person or property other than a civil
action for damages for a | 121 |
breach of contract or another agreement
between persons. "Tort | 122 |
action" includes, but is not limited to, a
product liability | 123 |
claim, as defined in section 2307.71 of the Revised Code, and an | 124 |
asbestos claim, as defined in section 2307.91 of the Revised Code, | 125 |
an action for wrongful death under
Chapter 2125. of the
Revised | 126 |
Code, and an action based on
derivative claims for relief. | 127 |
(b) If a product liability claim is asserted on behalf of
the | 144 |
surviving spouse, children, parents, or other next of kin of
a | 145 |
decedent or on behalf of the estate of a decedent, whether as a | 146 |
claim in a wrongful death action
under
Chapter 2125. of the | 147 |
Revised Code or as a survivorship claim,
whichever of the | 148 |
following is appropriate: | 149 |
(5)
"Ethical medical device" means a medical device that
is | 167 |
prescribed, dispensed, or implanted by a physician or any
other | 168 |
person who is legally authorized to prescribe, dispense, or | 169 |
implant a medical device and that is regulated under the
"Federal | 170 |
Food, Drug, and Cosmetic Act," 52 Stat. 1040, 21 U.S.C. 301-392, | 171 |
as amended. | 172 |
(8)
"Hazardous or toxic substances" include, but are not | 187 |
limited to, hazardous waste as defined in section 3734.01 of the | 188 |
Revised Code, hazardous waste as specified in the rules of the | 189 |
director of environmental protection pursuant to division (A) of | 190 |
section 3734.12 of the Revised Code, hazardous substances as | 191 |
defined in section 3716.01 of the Revised Code, and hazardous | 192 |
substances, pollutants, and contaminants as defined in or by | 193 |
regulations adopted pursuant to the
"Comprehensive Environmental | 194 |
Response, Compensation, and Liability Act of 1980," 94 Stat.
2767, | 195 |
42 U.S.C. 9601, as amended. | 196 |
(13)
"Product liability claim" means a claim or cause of | 219 |
action that is
asserted
in a civil action pursuant to sections | 220 |
2307.71 to 2307.80 of the Revised Code and that seeks to recover | 221 |
compensatory
damages
from a manufacturer or supplier for death, | 222 |
physical
injury to
person, emotional distress, or physical damage | 223 |
to
property other
than the product in question, that
allegedly | 224 |
arose
from
any of the
following: | 225 |
"Product liability claim" also includes any public nuisance | 233 |
claim or cause of action at common law in which it is alleged that | 234 |
the design, manufacture, supply, marketing, distribution, | 235 |
promotion, advertising, labeling, or sale of a product | 236 |
unreasonably interferes with a right common to the general public. | 237 |
(1) Subject to division (B) of this section, the | 272 |
manufacturer's product
in
question was defective in manufacture or | 273 |
construction as
described
in section 2307.74 of the Revised Code, | 274 |
was defective
in design or
formulation as described in section | 275 |
2307.75 of the
Revised Code,
was defective due to inadequate | 276 |
warning or
instruction as
described in section 2307.76 of the | 277 |
Revised Code,
or was defective
because it did not conform to a | 278 |
representation
made by its
manufacturer as described in section | 279 |
2307.77 of
the
Revised Code; | 280 |
(B) If
a claimant is unable because athe manufacturer's | 289 |
product in question
was destroyed to establish by direct evidence | 290 |
that the manufacturer's product in
question was defective or if a | 291 |
claimant otherwise is unable to
establish by direct evidence that | 292 |
athe manufacturer's product in question was
defective, then, | 293 |
consistent with the Rules of Evidence, it shall
be sufficient for | 294 |
the claimant to present circumstantial or other
competent evidence | 295 |
that
establishes, by a preponderance of the
evidence, that the | 296 |
manufacturer's product
in question was defective in any one
of
the | 297 |
four respects
specified in division (A)(1) of this
section. | 298 |
(C) Proof that a manufacturer designed, formulated, produced, | 299 |
constructed, created, assembled, or rebuilt the type of product in | 300 |
question is not proof that the manufacturer designed, formulated, | 301 |
produced, constructed, created, assembled, or rebuilt the actual | 302 |
defective product in the product liability claim. A manufacturer | 303 |
may not be held liable in a product liability action based on | 304 |
market share, enterprise, or industrywide liability. | 305 |
(A)(1) An attorney, concerning a communication made to the | 308 |
attorney by a client in that relation or the
attorney's advice to | 309 |
a client, except
that the attorney may testify by express consent | 310 |
of the client
or, if the client is deceased, by the express | 311 |
consent of the
surviving spouse or the executor or administrator | 312 |
of the estate
of the deceased client. However, if the
client | 313 |
voluntarily
testifies or is deemed by section 2151.421 of
the | 314 |
Revised Code to
have waived any testimonial privilege under
this | 315 |
division, the
attorney may be compelled to testify on the
same | 316 |
subject. | 317 |
The testimonial privilege established under this division | 318 |
does not apply concerning a communication between a client who has | 319 |
since died and the deceased client's attorney if the communication | 320 |
is relevant to a dispute between parties who claim through that | 321 |
deceased client, regardless of whether the claims are by testate | 322 |
or intestate succession or by inter vivos transaction, and the | 323 |
dispute addresses the competency of the deceased client when the | 324 |
deceased client executed a document that is the basis of the | 325 |
dispute or whether the deceased client was a victim of fraud, | 326 |
undue influence, or duress when the deceased client executed a | 327 |
document that is the basis of the dispute. | 328 |
(2) An attorney, concerning a communication made to the | 329 |
attorney by a client in that relationship or the attorney's advice | 330 |
to a client, except that if the client is an insurance company, | 331 |
the attorney may be compelled to testify, subject to an in camera | 332 |
inspection by a court, about communications made by the client to | 333 |
the attorney or by the attorney to the client that are related to | 334 |
the attorney's aiding or furthering an ongoing or future | 335 |
commission of bad faith by the client, if the party seeking | 336 |
disclosure of the communications has made a prima facie showing of | 337 |
bad faith, fraud, or criminal misconduct by the client. | 338 |
(B)(1) A physician or a dentist concerning a communication | 339 |
made to the physician or dentist by a patient in that relation or | 340 |
the
physician's or dentist's advice to a
patient, except as | 341 |
otherwise provided in this division, division (B)(2), and
division | 342 |
(B)(3) of this section, and except that, if the patient
is deemed | 343 |
by section 2151.421 of the Revised Code to have waived
any | 344 |
testimonial privilege under this division, the physician may
be | 345 |
compelled to testify on the same subject. | 346 |
(iii) If a medical claim, dental claim, chiropractic
claim, | 359 |
or optometric claim, as defined in section 2305.113 of the
Revised | 360 |
Code, an action for wrongful death, any other type of
civil | 361 |
action, or a claim under Chapter 4123. of the Revised Code
is | 362 |
filed by the patient, the personal representative of the
estate of | 363 |
the patient if deceased, or the patient's guardian
or other legal | 364 |
representative. | 365 |
(b) In any civil action concerning court-ordered treatment
or | 366 |
services
received by a patient, if the court-ordered treatment
or | 367 |
services were ordered
as part of a case plan journalized under | 368 |
section 2151.412 of the Revised Code or the
court-ordered | 369 |
treatment or services are necessary or relevant to dependency, | 370 |
neglect, or abuse or temporary or permanent custody proceedings | 371 |
under
Chapter 2151. of the Revised Code. | 372 |
(c) In any criminal action concerning any test or the
results | 373 |
of any test that determines the presence or concentration
of | 374 |
alcohol,
a drug of abuse, a combination of them, a controlled | 375 |
substance, or a metabolite of a controlled substance in the | 376 |
patient's whole blood, blood serum or plasma, breath, urine, or | 377 |
other bodily substance at any
time
relevant to the criminal | 378 |
offense in question. | 379 |
(d) In any criminal action against a physician
or dentist.
In | 380 |
such an action, the testimonial privilege
established under
this | 381 |
division does not prohibit the admission
into evidence, in | 382 |
accordance with the
Rules of
Evidence, of a patient's
medical or | 383 |
dental records or other communications between a
patient and the | 384 |
physician or dentist that are related to the
action and obtained | 385 |
by subpoena, search warrant, or other lawful
means. A court that | 386 |
permits or compels a physician or dentist
to testify in such an | 387 |
action or permits the introduction into
evidence of patient | 388 |
records or other communications in such an
action shall require | 389 |
that appropriate measures be taken to
ensure that the | 390 |
confidentiality of any patient named or
otherwise identified in | 391 |
the records is maintained. Measures to
ensure confidentiality
that | 392 |
may be taken by the court include
sealing its records or
deleting | 393 |
specific information from its
records. | 394 |
(e)(i) If the communication was between a patient who has | 395 |
since died and the deceased patient's physician or dentist, the | 396 |
communication is relevant to a dispute between parties who claim | 397 |
through that deceased patient, regardless of whether the claims | 398 |
are by testate or intestate succession or by inter vivos | 399 |
transaction, and the dispute addresses the competency of the | 400 |
deceased patient when the deceased patient executed a document | 401 |
that is the basis of the dispute or whether the deceased patient | 402 |
was a victim of fraud, undue influence, or duress when the | 403 |
deceased patient executed a document that is the basis of the | 404 |
dispute. | 405 |
(ii) If neither the spouse of a patient nor the executor or | 406 |
administrator of that patient's estate gives consent under | 407 |
division (B)(1)(a)(ii) of this section, testimony or the | 408 |
disclosure of the patient's medical records by a physician, | 409 |
dentist, or other health care provider under division (B)(1)(e)(i) | 410 |
of this section is a permitted use or disclosure of protected | 411 |
health information, as defined in 45 C.F.R. 160.103, and an | 412 |
authorization or opportunity to be heard shall not be required. | 413 |
(v) A person to whom protected health information is | 420 |
disclosed under division (B)(1)(e)(i) of this section shall not | 421 |
use or disclose the protected health information for any purpose | 422 |
other than the litigation or proceeding for which the information | 423 |
was requested and shall return the protected health information to | 424 |
the covered entity or destroy the protected health information, | 425 |
including all copies made, at the conclusion of the litigation or | 426 |
proceeding. | 427 |
(2)(a) If any law enforcement officer submits a written | 428 |
statement to a health
care provider that states that an official | 429 |
criminal investigation has begun
regarding a specified person or | 430 |
that a criminal action or proceeding has been
commenced against a | 431 |
specified person, that requests the provider to supply to
the | 432 |
officer copies of any records the provider possesses that pertain | 433 |
to any
test or the results of any test administered to the | 434 |
specified person to
determine the presence or concentration of | 435 |
alcohol, a drug of abuse, a combination of them, a controlled | 436 |
substance, or a metabolite of a controlled substance in the | 437 |
person's whole blood, blood serum or plasma, breath, or urine at | 438 |
any time
relevant to the
criminal offense in question, and that | 439 |
conforms to section
2317.022 of the Revised Code, the provider, | 440 |
except to the extent
specifically
prohibited by any law of this | 441 |
state or of the United
States, shall supply to
the officer a copy | 442 |
of any of the requested
records the provider possesses. If
the | 443 |
health care provider does
not possess any of the requested | 444 |
records, the
provider shall give
the officer a written statement | 445 |
that indicates that the
provider
does not possess any of the | 446 |
requested records. | 447 |
(b) If a health care provider possesses any records of the | 448 |
type described in
division (B)(2)(a) of this section regarding the | 449 |
person in question at any
time relevant to the criminal offense in | 450 |
question, in lieu of personally
testifying as to the results of | 451 |
the test in question, the custodian of the
records may submit a | 452 |
certified copy of the records, and, upon its submission,
the | 453 |
certified copy is qualified as authentic evidence and may be | 454 |
admitted as
evidence in accordance with the Rules of Evidence. | 455 |
Division (A) of section
2317.422 of the Revised Code does not | 456 |
apply to any certified copy of records
submitted in accordance | 457 |
with this division. Nothing in this division shall be
construed
to | 458 |
limit the right of any party to call as a witness the person
who | 459 |
administered the test to which the records pertain, the person | 460 |
under whose
supervision the test was administered, the custodian | 461 |
of the records, the
person who made the records, or the person | 462 |
under whose supervision the records
were made. | 463 |
(3)(a) If the testimonial privilege described in division | 464 |
(B)(1) of this section does not apply as provided in division | 465 |
(B)(1)(a)(iii) of this section, a physician or dentist may be | 466 |
compelled to testify or to submit to discovery under the Rules of | 467 |
Civil Procedure only as to a communication made to the physician | 468 |
or dentist by the patient in question in that relation, or the | 469 |
physician's or
dentist's advice to the
patient in question, that | 470 |
related causally or historically to
physical or mental injuries | 471 |
that are relevant to issues in the
medical claim, dental claim, | 472 |
chiropractic claim, or optometric
claim, action for wrongful | 473 |
death, other civil action, or claim
under Chapter 4123. of the | 474 |
Revised Code. | 475 |
(b) If the testimonial privilege described in division
(B)(1) | 476 |
of this section
does not apply to a physician or dentist as | 477 |
provided in division
(B)(1)(c) of
this section, the physician or | 478 |
dentist, in lieu of personally testifying as to
the results of the | 479 |
test in question, may submit a certified copy of those
results, | 480 |
and, upon its submission, the certified copy is qualified as | 481 |
authentic
evidence and may be admitted as evidence in accordance | 482 |
with the Rules of
Evidence. Division (A) of section 2317.422 of | 483 |
the Revised Code does not apply
to any certified copy of results | 484 |
submitted in accordance with this division.
Nothing in this | 485 |
division shall be construed to limit the right of any party to | 486 |
call as a witness the person who administered the test in | 487 |
question, the person
under whose supervision the test was | 488 |
administered, the custodian of the
results
of the test, the person | 489 |
who compiled the results, or the person under whose
supervision | 490 |
the results were compiled. | 491 |
(5)(a) As used in divisions (B)(1) to (4) of this
section, | 497 |
"communication" means acquiring, recording, or transmitting any | 498 |
information, in any manner, concerning any facts, opinions, or | 499 |
statements necessary to enable a physician or dentist to
diagnose, | 500 |
treat, prescribe, or act for a patient. A
"communication" may | 501 |
include, but is not limited to, any medical
or dental, office, or | 502 |
hospital communication such as a record,
chart, letter, | 503 |
memorandum, laboratory test and results, x-ray,
photograph, | 504 |
financial statement, diagnosis, or prognosis. | 505 |
(i)
"Ambulatory care facility" means a facility that
provides | 511 |
medical, diagnostic, or surgical treatment to patients
who do not | 512 |
require hospitalization, including a dialysis center,
ambulatory | 513 |
surgical facility, cardiac catheterization facility,
diagnostic | 514 |
imaging center, extracorporeal shock wave lithotripsy
center, home | 515 |
health agency, inpatient hospice, birthing center,
radiation | 516 |
therapy center, emergency facility, and an urgent care
center. | 517 |
"Ambulatory health care facility" does not include the
private | 518 |
office of a physician or dentist, whether the office is
for an | 519 |
individual or group practice. | 520 |
(v)
"Long-term care facility" means a nursing home, | 528 |
residential care facility, or home
for the aging,
as those terms | 529 |
are defined in section 3721.01 of the Revised Code; an adult care | 530 |
facility, as defined in section 3722.01
of the Revised Code; a | 531 |
nursing facility or intermediate care facility for the mentally | 532 |
retarded, as those terms are defined in section 5111.20 of the | 533 |
Revised Code; a facility or portion of a facility certified as a | 534 |
skilled nursing facility under Title XVIII of the
"Social
Security | 535 |
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended. | 536 |
(7) Nothing in divisions (B)(1) to (6)
of this section | 545 |
affects, or shall be construed as affecting, the immunity from | 546 |
civil liability conferred by section 307.628 of the Revised Code | 547 |
or the immunity from civil liability conferred by section 2305.33 | 548 |
of the
Revised Code
upon physicians who report an employee's use | 549 |
of a
drug of abuse,
or a condition of an employee other than one | 550 |
involving the use of
a drug of abuse, to the employer of the | 551 |
employee in accordance
with division (B) of that section. As used | 552 |
in division
(B)(7) of this section,
"employee,"
"employer," and | 553 |
"physician" have the same meanings as
in section 2305.33 of the | 554 |
Revised Code. | 555 |
(C)(1) A cleric, when the cleric remains accountable to
the | 556 |
authority
of that cleric's church, denomination, or sect, | 557 |
concerning a
confession
made, or any information confidentially | 558 |
communicated,
to the
cleric for
a
religious counseling purpose in | 559 |
the
cleric's professional character. The cleric
may testify
by | 560 |
express consent of the person making the communication, except | 561 |
when the disclosure of the information is in violation of a sacred | 562 |
trust and except that, if the person voluntarily testifies or is | 563 |
deemed by division (A)(4)(c) of section 2151.421 of the Revised | 564 |
Code to have waived any testimonial privilege under this division, | 565 |
the cleric may be compelled to testify on the same subject except | 566 |
when disclosure of the information is in violation of a sacred | 567 |
trust. | 568 |
(F) A person who, if a party, would be restricted
under | 594 |
section 2317.03 of the Revised Code, when the
property or thing is | 595 |
sold or transferred by an executor,
administrator, guardian, | 596 |
trustee, heir, devisee, or legatee,
shall be restricted in the | 597 |
same manner in any action or
proceeding concerning the property or | 598 |
thing. | 599 |
(G)(1) A school guidance counselor who holds a valid
educator | 600 |
license from the state board of education as
provided for
in | 601 |
section 3319.22 of the Revised Code, a person
licensed under | 602 |
Chapter 4757. of the Revised Code
as a professional clinical | 603 |
counselor, professional counselor,
social worker, independent | 604 |
social worker, marriage and family therapist or independent | 605 |
marriage and family therapist, or registered under Chapter 4757. | 606 |
of the Revised
Code as a
social work assistant concerning a | 607 |
confidential
communication received from a
client in that relation | 608 |
or
the
person's advice to a client unless any of
the following | 609 |
applies: | 610 |
(H) A mediator acting under a mediation order issued under | 644 |
division (A) of section 3109.052 of the Revised Code or otherwise | 645 |
issued in any proceeding for divorce, dissolution, legal | 646 |
separation, annulment, or the allocation of parental rights and | 647 |
responsibilities for the care of children, in any action or | 648 |
proceeding, other than a criminal, delinquency, child abuse,
child | 649 |
neglect, or dependent child action or proceeding, that is
brought | 650 |
by or against either parent who takes part in mediation
in | 651 |
accordance with the order and that pertains to the mediation | 652 |
process, to any information discussed or presented in the | 653 |
mediation process, to the allocation of parental rights and | 654 |
responsibilities for the care of the parents' children, or to the | 655 |
awarding of parenting time rights in relation to their children; | 656 |
(I) A communications assistant, acting within the scope of | 657 |
the communication assistant's authority, when providing | 658 |
telecommunications relay service
pursuant to section 4931.35 of | 659 |
the Revised Code or Title II of
the
"Communications Act of 1934," | 660 |
104 Stat. 366 (1990), 47 U.S.C.
225, concerning a communication | 661 |
made through a telecommunications
relay service.
Nothing in this | 662 |
section shall limit the obligation of a
communications assistant | 663 |
to divulge information or testify when mandated by
federal law or | 664 |
regulation or pursuant to subpoena in a criminal proceeding. | 665 |
(J)(1) A chiropractor in a civil proceeding concerning a | 668 |
communication made to the chiropractor by a patient in that | 669 |
relation or the
chiropractor's advice to a patient, except as | 670 |
otherwise provided in this
division. The testimonial privilege | 671 |
established under this division does not
apply, and a chiropractor | 672 |
may testify or may be compelled
to testify, in any civil action, | 673 |
in accordance with the discovery
provisions of the Rules of Civil | 674 |
Procedure in
connection with a
civil action, or in connection with | 675 |
a claim under Chapter 4123.
of the Revised Code, under any of the | 676 |
following
circumstances: | 677 |
(c) If a medical claim, dental claim, chiropractic
claim, or | 683 |
optometric claim, as defined in section 2305.113 of the
Revised | 684 |
Code, an action for wrongful death, any other type
of
civil | 685 |
action, or a claim under Chapter 4123. of the Revised
Code
is | 686 |
filed by the patient, the personal representative of the
estate of | 687 |
the patient if deceased, or the patient's guardian
or other legal | 688 |
representative. | 689 |
(2) If the testimonial privilege described in division
(J)(1) | 690 |
of this section does not apply as provided in division
(J)(1)(c) | 691 |
of this section, a chiropractor may be
compelled to
testify or to | 692 |
submit to discovery under the Rules of
Civil
Procedure only as to | 693 |
a communication made to the
chiropractor by
the patient in | 694 |
question in that relation, or the
chiropractor's
advice to the | 695 |
patient in question, that related causally or
historically to | 696 |
physical or mental injuries that are relevant to
issues in the | 697 |
medical claim, dental claim, chiropractic claim, or
optometric | 698 |
claim, action for wrongful death, other civil action,
or claim | 699 |
under Chapter 4123. of the Revised Code. | 700 |
(4) As used in this division,
"communication" means | 704 |
acquiring,
recording, or transmitting any information, in any | 705 |
manner, concerning
any facts, opinions, or statements necessary to | 706 |
enable a chiropractor to
diagnose, treat, or act for a
patient.
A | 707 |
communication may
include, but is not limited to, any | 708 |
chiropractic, office, or
hospital communication such as a record, | 709 |
chart, letter,
memorandum, laboratory test and results, x-ray, | 710 |
photograph,
financial statement, diagnosis, or prognosis. | 711 |
Section 3. The General Assembly declares its intent that the | 804 |
amendments made by this act to sections 2307.71 and 2307.73 of the | 805 |
Revised Code are not intended to be substantive but are intended | 806 |
to clarify the General Assembly's original intent in enacting the | 807 |
Ohio Product Liability Act, sections 2307.71 to 2307.80 of the | 808 |
Revised Code, as initially expressed in Section 3 of Am. Sub. S.B. | 809 |
80 of the 125th General Assembly, to abrogate all common law | 810 |
product liability causes of action including common law public | 811 |
nuisance causes of action, regardless of how the claim is | 812 |
described, styled, captioned, characterized, or designated, | 813 |
including claims against a manufacturer or supplier for a public | 814 |
nuisance allegedly caused by a manufacturer's or supplier's | 815 |
product. | 816 |
Section 4. The General Assembly declares its intent that the | 817 |
amendments made by this act to section 2307.73 of the Revised Code | 818 |
are intended to clarify that section 2307.73 of the Revised Code | 819 |
is intended to follow the Ohio Supreme Court's holdings in | 820 |
Sutowski v. Eli Lilly & Co. (1998), 82 Ohio St.3d 347, and in | 821 |
Horton v. Harwick Chemical Corp. (1995), 73 Ohio St. 3d 679, that | 822 |
a plaintiff in a product liability claim must identify the | 823 |
particular manufacturer of the product that allegedly caused the | 824 |
plaintiff's harm in order to maintain the claim. | 825 |
Section 6. The General Assembly declares that the | 831 |
attorney-client privilege is a substantial right and that it is | 832 |
the public policy of Ohio that all communications between an | 833 |
attorney and a client in that relation are worthy of the | 834 |
protection of privilege, and further that where it is alleged that | 835 |
the attorney aided or furthered an ongoing or future commission of | 836 |
insurance bad faith by the client, that the party seeking waiver | 837 |
of the privilege must make a prima facie showing that the | 838 |
privilege should be waived and the court should conduct an in | 839 |
camera inspection of disputed communications. The common law | 840 |
established in Boone v. Vanliner Ins. Co. (2001), 91 Ohio St.3d | 841 |
209, Moskovitz v. Mt. Sinai Med. Ctr. (1994), 69 Ohio St.3d 638, | 842 |
and Peyko v. Frederick (1986), 25 Ohio St.3d 164, is modified | 843 |
accordingly to provide for judicial review regarding the | 844 |
privilege. | 845 |
Section 7. Section 2317.02 of the Revised Code is presented | 846 |
in
this act as a composite of the section as amended by Sub. H.B. | 847 |
144, Sub. S.B. 8, and Am. Sub. S.B. 17 of
the 126th General | 848 |
Assembly. The General Assembly, applying the
principle stated in | 849 |
division (B) of section 1.52 of the Revised
Code that amendments | 850 |
are to be harmonized if reasonably capable of
simultaneous | 851 |
operation, finds that the composite is the resulting
version of | 852 |
the section in effect prior to the effective date of
the section | 853 |
as presented in this act. | 854 |