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To amend section 2315.18 of the Revised Code to | 1 |
remove the cap on the amount of compensatory | 2 |
damages that represents damages for noneconomic | 3 |
loss that is recoverable in a tort action when the | 4 |
tort action is brought by a victim of rape, | 5 |
felonious assault, aggravated assault, assault, or | 6 |
negligent assault. | 7 |
Section 1. That section 2315.18 of the Revised Code be | 8 |
amended to read as follows: | 9 |
Sec. 2315.18. (A) As used in this section and in section | 10 |
2315.19 of the Revised Code: | 11 |
(1) "Asbestos claim" has the same meaning as in section | 12 |
2307.91 of the Revised Code. | 13 |
(2) "Economic loss" means any of the following types of | 14 |
pecuniary harm: | 15 |
(a) All wages, salaries, or other compensation lost as a | 16 |
result of an injury or loss to person or property that is a | 17 |
subject of a tort action; | 18 |
(b) All expenditures for medical care or treatment, | 19 |
rehabilitation services, or other care, treatment, services, | 20 |
products, or accommodations as a result of an injury or loss to | 21 |
person or property that is a subject of a tort action; | 22 |
(c) Any other expenditures incurred as a result of an injury | 23 |
or loss to person or property that is a subject of a tort action, | 24 |
other than attorney's fees incurred in connection with that | 25 |
action. | 26 |
(3) "Medical claim," "dental claim," "optometric claim," and | 27 |
"chiropractic claim" have the same meanings as in section 2305.113 | 28 |
of the Revised Code. | 29 |
(4) "Noneconomic loss" means nonpecuniary harm that results | 30 |
from an injury or loss to person or property that is a subject of | 31 |
a tort action, including, but not limited to, pain and suffering, | 32 |
loss of society, consortium, companionship, care, assistance, | 33 |
attention, protection, advice, guidance, counsel, instruction, | 34 |
training, or education, disfigurement, mental anguish, and any | 35 |
other intangible loss. | 36 |
(5) "Occurrence" means all claims resulting from or arising | 37 |
out of any one person's bodily injury. | 38 |
(6) "Product liability claim" has the same meaning as in | 39 |
section 2307.71 of the Revised Code. | 40 |
(7) "Tort action" means a civil action for damages for injury | 41 |
or loss to person or property. "Tort action" includes a civil | 42 |
action upon a product liability claim or an asbestos claim. "Tort | 43 |
action" does not include a civil action upon a medical claim, | 44 |
dental claim, optometric claim, or chiropractic claim or a civil | 45 |
action for damages for a breach of contract or another agreement | 46 |
between persons. | 47 |
(8) "Trier of fact" means the jury or, in a nonjury action, | 48 |
the court. | 49 |
(B) In a tort action to recover damages for injury or loss to | 50 |
person or property, all of the following apply: | 51 |
(1) There shall not be any limitation on the amount of | 52 |
compensatory damages that represents the economic loss of the | 53 |
person who is awarded the damages in the tort action. | 54 |
(2) Except as otherwise provided in division (B)(3) or (4) of | 55 |
this section, the amount of compensatory damages that represents | 56 |
damages for noneconomic loss that is recoverable in a tort action | 57 |
under this section to recover damages for injury or loss to person | 58 |
or property shall not exceed the greater of two hundred fifty | 59 |
thousand dollars or an amount that is equal to three times the | 60 |
economic loss, as determined by the trier of fact, of the | 61 |
plaintiff in that tort action to a maximum of three hundred fifty | 62 |
thousand dollars for each plaintiff in that tort action or a | 63 |
maximum of five hundred thousand dollars for each occurrence that | 64 |
is the basis of that tort action. | 65 |
(3) There shall not be any limitation on the amount of | 66 |
compensatory damages that represents damages for noneconomic loss | 67 |
that is recoverable in a tort action to recover damages for injury | 68 |
or loss to person or property if the noneconomic losses of the | 69 |
plaintiff are for either of the following: | 70 |
(a) Permanent and substantial physical deformity, loss of use | 71 |
of a limb, or loss of a bodily organ system; | 72 |
(b) Permanent physical functional injury that permanently | 73 |
prevents the injured person from being able to independently care | 74 |
for self and perform life-sustaining activities. | 75 |
(4) There shall not be any limitation on the amount of | 76 |
compensatory damages that represents damages for noneconomic loss | 77 |
that is recoverable in a tort action brought by the victim of the | 78 |
offense of rape, felonious assault, aggravated assault, assault, | 79 |
or negligent assault asserting any claim resulting from the rape, | 80 |
felonious assault, aggravated assault, assault, or negligent | 81 |
assault. | 82 |
(C) In determining an award of compensatory damages for | 83 |
noneconomic loss in a tort action, the trier of fact shall not | 84 |
consider any of the following: | 85 |
(1) Evidence of a defendant's alleged wrongdoing, misconduct, | 86 |
or guilt; | 87 |
(2) Evidence of the defendant's wealth or financial | 88 |
resources; | 89 |
(3) All other evidence that is offered for the purpose of | 90 |
punishing the defendant, rather than offered for a compensatory | 91 |
purpose. | 92 |
(D) If a trial is conducted in a tort action to recover | 93 |
damages for injury or loss to person or property and a plaintiff | 94 |
prevails in that action, the court in a nonjury trial shall make | 95 |
findings of fact, and the jury in a jury trial shall return a | 96 |
general verdict accompanied by answers to interrogatories, that | 97 |
shall specify all of the following: | 98 |
(1) The total compensatory damages recoverable by the | 99 |
plaintiff; | 100 |
(2) The portion of the total compensatory damages that | 101 |
represents damages for economic loss; | 102 |
(3) The portion of the total compensatory damages that | 103 |
represents damages for noneconomic loss. | 104 |
(E)(1) After the trier of fact in a tort action to recover | 105 |
damages for injury or loss to person or property complies with | 106 |
division (D) of this section, the court shall enter a judgment in | 107 |
favor of the plaintiff for compensatory damages for economic loss | 108 |
in the amount determined pursuant to division (D)(2) of this | 109 |
section, and, subject to division (F)(1) of this section, the | 110 |
court shall enter a judgment in favor of the plaintiff for | 111 |
compensatory damages for noneconomic loss. Except as provided in | 112 |
division (B)(3) or (4) of this section, in no event shall a | 113 |
judgment for compensatory damages for noneconomic loss exceed the | 114 |
maximum recoverable amount that represents damages for noneconomic | 115 |
loss as provided in division (B)(2) of this section. Division (B) | 116 |
of this section shall be applied in a jury trial only after the | 117 |
jury has made its factual findings and determination as to the | 118 |
damages. | 119 |
(2) Prior to the trial in the tort action described in | 120 |
division (D) of this section, any party may seek summary judgment | 121 |
with respect to the nature of the alleged injury or loss to person | 122 |
or property, seeking a determination of the damages as described | 123 |
in division (B)(2) of this section. | 124 |
(F)(1) A court of common pleas has no jurisdiction to enter | 125 |
judgment on an award of compensatory damages for noneconomic loss | 126 |
in excess of the limits set forth in this section. | 127 |
(2) If the trier of fact is a jury, the court shall not | 128 |
instruct the jury with respect to the limit on compensatory | 129 |
damages for noneconomic loss described in division (B)(2) of this | 130 |
section, and neither counsel for any party nor a witness shall | 131 |
inform the jury or potential jurors of that limit. | 132 |
(G) With respect to a tort action to which division (B)(2) of | 133 |
this section applies, any excess amount of compensatory damages | 134 |
for noneconomic loss that is greater than the applicable amount | 135 |
specified in division (B)(2) of this section shall not be | 136 |
reallocated to any other tortfeasor beyond the amount of | 137 |
compensatory damages that the tortfeasor would otherwise be | 138 |
responsible for under the laws of this state. | 139 |
(H) This section does not apply to any of the following: | 140 |
(1) Tort actions that are brought against the state in the | 141 |
court of claims, including, but not limited to, those actions in | 142 |
which a state university or college is a defendant and to which | 143 |
division (B)(3) of section 3345.40 of the Revised Code applies; | 144 |
(2) Tort actions that are brought against political | 145 |
subdivisions of this state and that are commenced under or are | 146 |
subject to Chapter 2744. of the Revised Code. Division (C) of | 147 |
section 2744.05 of the Revised Code applies to recoverable damages | 148 |
in those actions. | 149 |
(3) Wrongful death actions brought pursuant to Chapter 2125. | 150 |
of the Revised Code. | 151 |
(I) If the provisions regarding the limits on compensatory | 152 |
damages for noneconomic loss set forth in division (B)(2) of this | 153 |
section have been determined to be unconstitutional, then division | 154 |
(C) of this section and section 2315.19 of the Revised Code shall | 155 |
govern the determination of an award of compensatory damages for | 156 |
noneconomic loss in a tort action. | 157 |
Section 2. That existing section 2315.18 of the Revised Code | 158 |
is hereby repealed. | 159 |