SENATOR Johnson

To amend sections 2101.31, 2307.24, 2307.27, 2307.30,

1

2313.46, 2315.23, 2315.24, 4507.07, and 5703.54;

2

to revive and amend sections 1775.14, 2315.18,

3

and 4171.10; to amend, for the purpose of

4

adopting new section numbers as indicated in

5

parentheses, sections 2307.24 (2307.16), 2307.27

6

(2307.17), 2307.30 (2307.18), 2315.07 (2315.05,

7

2315.08 (2315.06), 2315.18 (2315.07), 2315.23

8

(2315.08), and 2315.24 (2315.09); to enact new

9

sections 2307.24, 2307.27, and 2315.37 and

10

sections 2307.011, 2307.21, 2307.22, 2307.23,

11

2307.25, 2307.26, 2307.28, 2307.29, 2315.31,

12

2315.32, 2315.33, 2315.34, 2315.35, 2315.36,

13

2315.41, 2315.42, 2315.43, 2315.44, 2315.45, and

14

2315.46; and to repeal sections 2307.31, 2307.32,

15

2307.33, 2307.331, 2315.19, 2315.20, and 2315.37

16

of the Revised Code to modify the law regarding

17

the apportionment of liability in specified civil

18

actions.

19

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

Section 1. That sections 2101.31, 2307.24, 2307.27, 2307.30,	20
2313.46, 2315.23, 2315.24, 4507.07, and 5703.54 be amended;	21
sections 1775.14, 2315.18, and 4171.10 be revived and amended;	22
sections 2307.24 (2307.16), 2307.27 (2307.17), 2307.30 (2307.18),	23
2315.07 (2315.05), 2315.08 (2315.06), 2315.18 (2315.07), 2315.23	24
(2315.08), and 2315.24 (2315.09) be amended for the purpose of	25
adopting new section numbers as indicated in parentheses; and new	26
sections 2307.24, 2307.27, and 2315.37 and sections 2307.011,	27
2307.21, 2307.22, 2307.23, 2307.25, 2307.26, 2307.28, 2307.29,	28
2315.31, 2315.32, 2315.33, 2315.34, 2315.35, 2315.36, 2315.41,	29
2315.42, 2315.43, 2315.44, 2315.45, and 2315.46 of the Revised	30
Code be enacted to read as follows:	31

Sec. 1775.14.  (A) Subject to section 1339.65 of the Revised	32
Code and except as provided in division (B) of this section, all	33
partners are liable as follows:	34

(1) Jointly and severally for everything chargeable to the	35
partnership under sections 1775.12 and 1775.13 of the Revised	36
Code. This joint and several liability is not subject to division	37
(D) of section 2315.19 2307.22, 2315.36, 2315.37, or 2315.46 of	38
the Revised Code with respect to a negligence or other tort claim	39
that otherwise is subject to that section any of those sections.	40

(2) Jointly for all other debts and obligations of the	41
partnership, but any partner may enter into a separate obligation	42
to perform a partnership contract.	43

(B) Subject to divisions (C)(1) and (2) of this section or	44
as otherwise provided in a written agreement between the partners	45
of a registered limited liability partnership, a partner in a	46
registered limited liability partnership is not liable, directly	47
or indirectly, by way of indemnification, contribution,	48
assessment, or otherwise, for debts, obligations, or other	49
liabilities of any kind of, or chargeable to, the partnership or	50
another partner or partners arising from negligence or from	51
wrongful acts, errors, omissions, or misconduct, whether or not	52
intentional or characterized as tort, contract, or otherwise,	53
committed or occurring while the partnership is a registered	54
limited liability partnership and committed or occurring in the	55
course of the partnership business by another partner or an	56
employee, agent, or representative of the partnership.	57

(C)(1) Division (B) of this section does not affect the	58
liability of a partner in a registered limited liability	59
partnership for that partner's own negligence, wrongful acts,	60
errors, omissions, or misconduct, including that partner's own	61
negligence, wrongful acts, errors, omissions, or misconduct in	62
directly supervising any other partner or any employee, agent, or	63
representative of the partnership.	64

(2) Division (B) of this section shall not affect the	65
liability of a partner for liabilities imposed by Chapters 5735.,	66
5739., 5743., and 5747. and section 3734.908 of the Revised Code.	67

(D) A partner in a registered limited liability partnership	68
is not a proper party to an action or proceeding by or against a	69
registered limited liability partnership with respect to any debt,	70
obligation, or other liability of any kind described in division	71
(B) of this section, unless the partner is liable under divisions	72
(C)(1) and (2) of this section.	73

Sec. 2101.31.  All questions of fact shall be determined by	74
the probate judge, unless he the judge orders them those questions	75
of fact to be tried by before a jury, or referred, refers those	76
questions of fact to a special master commissioner as provided in	77
sections 2101.06 and 2101.07, and sections 2315.26 to 2315.37,	78
inclusive, of the Revised Code.	79

Sec. 2307.011. As used in Chapters 2307. and 2315. of the	80
Revised Code:	81

(A) "Conduct" means actions or omissions.

82

(B) "Contributory fault" means contributory negligence,	83
other contributory tortious conduct, comparative negligence, or	84
express or implied assumption of the risk.	85

(C) "Economic loss" means any of the following types of	86
pecuniary harm:	87

(1) All wages, salaries, or other compensation lost as a	88
result of an injury, death, or loss to person or property that is	89
a subject of a tort action, including wages, salaries, or other	90
compensation lost as of the date of a judgment and future expected	91
lost earnings;	92

(2) All expenditures for medical care or treatment,	93
rehabilitation services, or other care, treatment, services,	94
products, or accommodations incurred as a result of an injury,	95
death, or loss to person that is a subject of a tort action,	96
including expenditures for those purposes that were incurred as of	97
the date of a judgment and expenditures for those purposes that,	98
in the determination of the trier of fact, will be incurred in the	99
future because of the injury, whether paid by the injured person	100
or by another person on behalf of the injured person;	101

(3) All expenditures of a person whose property was injured	102
or destroyed or of another person on behalf of the person whose	103
property was injured or destroyed in order to repair or replace	104
the property;	105

(4) Any other expenditures incurred as a result of an	106
injury, death, or loss to person or property that is a subject of	107
a tort action, except expenditures of the injured person, the	108
person whose property was injured or destroyed, or another person	109
on behalf of the injured person or the person whose property was	110
injured or destroyed in relation to the actual preparation or	111
presentation of the claim involved.	112

(D) "Negligence claim" means a civil action for damages for	113
injury, death, or loss to person or property to the extent that	114
the damages are sought or recovered based on allegation or proof	115
of negligence.	116

(E) "Noneconomic loss" means nonpecuniary harm that results	117
from an injury, death, or loss to person that is a subject of a	118
tort action, including, but not limited to, pain and suffering;	119
loss of society, consortium, companionship, care, assistance,	120
attention, protection; advice, guidance, counsel, instruction,	121
training, or education; mental anguish; and any other intangible	122
loss.	123

(F) "Person" has the same meaning as in division (C) of	124
section 1.59 of the Revised Code and additionally includes a	125
political subdivision and the state.	126

(G) "Persons from whom the plaintiff does not seek recovery	127
in this action" includes, but is not limited to, the following:	128

(1) Persons who have entered into a settlement agreement	129
with the plaintiff;	130

(2) Persons whom the plaintiff has dismissed from the tort	131
action without prejudice;	132

(3) Persons whom the plaintiff has dismissed from the tort	133
action with prejudice;	134

(4) Tortfeasors who are not a party to the tort action	135
whether or not that person was or could have been a party to the	136
tort action.	137

(H) "Plaintiff" includes the person for whom the plaintiff	138
is legal representative.	139

(I) "Political subdivision" and "state" have the same	140
meanings as in section 2744.01 of the Revised Code.	141

(J) "Tort action" means a civil action for damages for	142
injury, death, or loss to person or property. "Tort action"	143
includes a product liability claim but does not include a civil	144
action for damages for a breach of contract or another agreement	145
between persons.	146

(K) "Trier of fact" means the jury or, in a nonjury action,	147
the court.	148

Sec. 2307.24.        Sec.  .        Sec. 2307.16.  A partnership formed for the purpose	149
of carrying on a trade or business in this state, or holding	150
property in this state, may sue or be sued by the usual or	151
ordinary name which is that it has assumed, or by which it is	152
known.	153

Sec. 2307.27.        Sec.  .        Sec. 2307.17.  In an action for the recovery of real	154
or personal property, a person claiming an interest in the	155
property, on his application, may be made a party.	156

Sec. 2307.30.        Sec.  .        Sec. 2307.18.  An A judicial officer against whom an	157
action is brought to recover personal property taken by him the	158
officer on execution, or for the proceeds of such the personal	159
property sold by him the officer, upon exhibiting to the court the	160
process under which he the officer acted, with his the officer's	161
affidavit that the property was taken or sold by him the officer	162
under such that process, may have the benefit of section 2307.29	163
of the Revised Code Civil Rule 22, against the party in whose	164
favor the execution issued.	165

Sec. 2307.21. As used in sections 2307.21 to 2307.29 of the	166
Revised Code, "tortious conduct" includes, but is not limited to,	167
the following:	168

(A) Negligence;

169

(B) Express or implied assumption of the risk.

170

Sec. 2307.22. (A) Subject to sections 2307.23 and 2307.24 and	171
except as provided in division (B) of section 2307.70, division	172
(B) of section 4507.07, section 4399.02, or another section of the	173
Revised Code that expressly establishes joint and several tort	174
liability for specified persons, joint and several tort liability	175
shall be determined as follows:	176

(1) In a tort action in which the trier of fact determines	177
that two or more tortfeasors proximately caused the same injury or	178
loss to person or property or the same wrongful death and in which	179
the trier of fact determines that more than fifty per cent of the	180
tortious conduct is attributable to one defendant, that defendant	181
shall be jointly and severally liable in tort for all compensatory	182
damages that represent economic loss.	183

(2) If division (A)(1) of this section is applicable, each	184
defendant who is determined by the trier of fact to be legally	185
responsible for the same injury or loss to person or property or	186
the same wrongful death and to whom fifty per cent or less of the	187
tortious conduct is attributable shall be liable to the plaintiff	188
only for that defendant's proportionate share of the compensatory	189
damages that represent economic loss. The proportionate share of a	190
defendant shall be calculated by multiplying the total amount of	191
the economic damages awarded to the plaintiff by the percentage of	192
tortious conduct as determined in section 2307.23 of the Revised	193
Code that is attributable to that defendant.	194

(B) In a tort action in which the trier of fact determines	195
that two or more tortfeasors proximately caused the same injury or	196
loss to person or property or the same wrongful death and	197
determines that fifty per cent or less of the tortious conduct is	198
attributable to each defendant, each defendant shall be liable to	199
the plaintiff only for that defendant's proportionate share of the	200
compensatory damages that represent economic loss. The	201
proportionate share of a defendant shall be calculated by	202
multiplying the total amount of the economic damages awarded to	203
the plaintiff by the percentage of tortious conduct as determined	204
pursuant to section 2307.23 of the Revised Code that is	205
attributable to that defendant.	206

(C) In a tort action in which the trier of fact determines	207
that two or more tortfeasors proximately caused the same injury or	208
loss to person or property or the same wrongful death, each	209
defendant who is determined by the trier of fact to be legally	210
responsible for the same injury or loss to person or property or	211
for the same wrongful death shall be liable to the plaintiff only	212
for that defendant's proportionate share of the compensatory	213
damages that represent noneconomic loss. The proportionate share	214
of a defendant shall be calculated by multiplying the total amount	215
of the noneconomic damages awarded to the plaintiff by the	216
percentage of tortious conduct as determined pursuant to section	217
2307.23 of the Revised Code that is attributable to that	218
defendant.	219

(D) Sections 2307.25 to 2307.29 of the Revised Code shall	220
apply to joint and several tort liability that is described in	221
division (A) of this section.	222

Sec. 2307.23. (A) In determining the percentages of tortious	223
conduct attributable to a party in a tort action under section	224
2307.22, sections 2315.31 to 2315.37, or sections 2315.41 to	225
2315.46 of the Revised Code, the court in a nonjury action shall	226
make findings of fact, and the jury in a jury action shall return	227
a general verdict accompanied by answers to interrogatories, that	228
shall specify all of the following:	229

(1) The percentage of tortious conduct that proximately	230
caused the injury or loss to person or property or the wrongful	231
death that is attributable to the plaintiff and to each party to	232
the tort action from whom the plaintiff seeks recovery in this	233
tort action;	234

(2) The percentage of tortious conduct that proximately	235
caused the injury or loss to person or property or the wrongful	236
death that is attributable to each person from whom the plaintiff	237
does not seek recovery in this tort action, including, but not	238
limited to, all of the following:	239

(a) Persons who have entered into a settlement agreement	240
with the plaintiff;	241

(b) Persons whom the plaintiff has dismissed from the tort	242
action without prejudice;	243

(c) Persons whom the plaintiff has dismissed from the	244
tort action with prejudice;	245

(d) Persons who are not a party to the tort action, whether	246
or not that person was or could have been a party to the tort	247
action.	248

(B) The sum of the percentages of tortious conduct as	249
determined pursuant to division (A) of this section shall equal	250
one hundred per cent.	251

Sec. 2307.24. (A) Sections 2307.21, 2307.22, and 2307.23 of	252
the Revised Code do not affect joint and several liability that is	253
not based in tort.	254

(B) Sections 2307.21, 2307.22, and 2307.23 of the Revised	255
Code do not affect any other section of the Revised Code or the	256
common law of this state to the extent that the other section or	257
common law makes a principal, master, or other person vicariously	258
liable for the tortious conduct of an agent, servant, or other	259
person. For purposes of section 2307.22 of the Revised Code, a	260
principal and agent, a master and servant, or other persons having	261
a vicarious liability relationship shall constitute a single party	262
when determining percentages of tortious conduct in a tort action	263
in which vicarious liability is asserted.	264

Sec. 2307.25. (A) Except as otherwise provided in sections	265
2307.25 to 2307.28 of the Revised Code, if two or more persons are	266
jointly and severally liable in tort for the same injury or loss	267
to person or property or for the same wrongful death, there is a	268
right of contribution among them even though judgment has not been	269
recovered against all or any of them. The right of contribution	270
exists only in favor of a tortfeasor who has paid more than that	271
tortfeasor's proportionate share of the common liability, and that	272
tortfeasor's total recovery is limited to the amount paid by that	273
tortfeasor in excess of that tortfeasor's proportionate share. No	274
tortfeasor is compelled to make contribution beyond that	275
tortfeasor's own proportionate share of the common liability.	276
There is no right of contribution in favor of any tortfeasor who	277
intentionally has caused or intentionally has contributed to the	278
injury or loss to person or property or the wrongful death.	279

(B) A tortfeasor who enters into a settlement with a claimant	280
is not entitled to contribution from another tortfeasor whose	281
liability for the injury or loss to person or property or the	282
wrongful death is not extinguished by the settlement, or in	283
respect to any amount paid in a settlement that is in excess of	284
what is reasonable.	285

(C) A liability insurer that by payment has discharged in	286
full or in part the liability of a tortfeasor and has discharged	287
in full by the payment its obligation as insurer is subrogated to	288
the tortfeasor's right of contribution to the extent of the amount	289
it has paid in excess of the tortfeasor's proportionate share of	290
the common liability. This division does not limit or impair any	291
right of subrogation arising from any other relationship.	292

(D) This section does not impair any right of indemnity under	293
existing law. If one tortfeasor is entitled to indemnity from	294
another, the right of the indemnity obligee is for indemnity and	295
not contribution, and the indemnity obligor is not entitled to	296
contribution from the obligee for any portion of the indemnity	297
obligation.	298

(E) This section does not apply to breaches of trust or of	299
other fiduciary obligations.	300

(F) The proportionate shares of tortfeasors in the common	301
liability shall be based upon their relative degrees of legal	302
responsibility. If equity requires the collective liability of	303
some as a group, the group shall constitute a single share, and	304
principles of equity applicable to contribution generally shall	305
apply.	306

(G) Whether or not judgment has been entered in an action	307
against two or more tortfeasors for the same injury or loss to	308
person or property or for the same wrongful death, contribution	309
may be enforced by separate action.	310

(H) Whenever the provisions of the "Federal Tort Claims Act,"	311
60 Stat. 842 (1946), 28 U.S.C. 2671 et seq., are applicable to a	312
tort and the United States is held liable in tort, the United	313
States has no right of contribution under this section against the	314
state pursuant to the waiver of sovereign immunity contained in	315
Chapter 2743. of the Revised Code.	316

Sec. 2307.26.  If a judgment that imposes joint and several	317
liability has been entered in an action against two or more	318
tortfeasors for the same injury or loss to person or property or	319
for the same wrongful death, contribution may be enforced in that	320
action by judgment in favor of one against other judgment debtors,	321
by motion, upon notice to all parties to the action. If there is	322
a judgment for the injury or loss to person or property or the	323
wrongful death against the tortfeasor seeking contribution, that	324
tortfeasor shall commence any separate action to enforce	325
contribution within one year after the judgment has become final	326
by lapse of time for appeal or after appellate review.	327

If there is no judgment for the injury or loss to person or	328
property or the wrongful death against the tortfeasor seeking	329
contribution, that tortfeasor's right of contribution is barred	330
unless either of the following applies:	331

(A) That tortfeasor has discharged by payment the common	332
liability within the statute of limitations period applicable to	333
the claimant's right of action against that tortfeasor and has	334
commenced that tortfeasor's action for contribution within one	335
year after the payment.	336

(B) That tortfeasor has agreed while an action is pending	337
against that tortfeasor to discharge the common liability and has	338
paid within one year after the agreement the common liability and	339
commenced that tortfeasor's action for contribution.	340

Sec. 2307.27. (A) The recovery of a judgment for an injury or	341
loss to person or property or a wrongful death against one	342
tortfeasor does not of itself discharge the other tortfeasors from	343
liability for the injury, loss, or wrongful death unless the	344
judgment is satisfied. The satisfaction of the judgment does not	345
impair any right of contribution.	346

(B) Valid answers to interrogatories by a jury or findings of	347
fact by a court sitting without a jury in determining the	348
percentage of liability of several defendants for an injury or	349
loss to person or property or a wrongful death shall be binding as	350
among those defendants in determining their right to contribution.	351

Sec. 2307.28. When a release or a covenant not to sue or not	352
to enforce judgment is given in good faith to one of two or more	353
persons for the same injury or loss to person or property or the	354
same wrongful death, both of the following apply:	355

(A) The release or covenant does not discharge any of the	356
other tortfeasors from liability for the injury, loss, or wrongful	357
death unless its terms otherwise provide, but it reduces the claim	358
against the other tortfeasors to the extent of the greater of any	359
amount stipulated by the release or the covenant or the amount of	360
the consideration paid for it.	361

(B) The release or covenant discharges the tortfeasor to whom	362
it is given from all liability for contribution to any other	363
tortfeasor.	364

Sec. 2307.29.  No provision of sections 2307.25 to 2307.28	365
of the Revised Code applies to a negligence or other tort claim to	366
the extent that sections 2307.21 to 2307.24, sections 2315.31 to	367
2315.37, or sections 2315.41 to 2315.46 of the Revised Code makes	368
a party against whom a judgment is entered liable to the plaintiff	369
only for the proportionate share of that party as described in	370
those sections.	371

Sec. 2313.46.  Sections 2313.01 to 2313.46, inclusive, and	372
2315.01 to 2315.24, inclusive, Chapter 2315. of the Revised Code	373
do not contravene or affect any section of the Revised Code	374
relating to jurors in the inferior courts in any county of the	375
state.	376

Sec. 2315.07.        Sec.  .        Sec. 2315.05.  Because of the sickness of a juror, or	377
an accident or calamity which requires it, or with the consent of	378
both parties, or after jurors have been kept together until it	379
satisfactorily appears that there is no probability of their	380
agreeing, the court may discharge the jury.	381

Sec. 2315.08.        Sec.  .        Sec. 2315.06.  When the jury is discharged during a	382
trial or after a cause is submitted, such cause may at once be	383
tried again, or on a future day, as the court directs.	384

Sec. 2315.18.        Sec.  .        Sec. 2315.07.  Except as otherwise provided in this	385
section, when When by the verdict in a civil action tried to a	386
jury any party in the action is entitled to recover money from an	387
adverse party, the jury shall determine the amount of the recovery	388
in its verdict. A jury shall not determine the amount of punitive	389
or exemplary damages recoverable by a party in a tort action	390
pursuant to section 2315.21 or another section of the Revised Code	391
except as provided in division (D)(5) of section 2315.21 of the	392
Revised Code.	393

As used in this section, "tort action" has the same meaning	394
as in section 2315.21 of the Revised Code.	395

Sec. 2315.23.        Sec.  .        Sec. 2315.08.  So far as in their nature applicable,	396
sections 2315.01 to 2315.19, inclusive, 2315.08 of the Revised	397
Code, respecting trials by jury, apply to trials by the court.	398

Sec. 2315.24.        Sec.  .        Sec. 2315.09.  Parties to a question which that might	399
be the subject of a civil action, on filing an affidavit that the	400
controversy is real and the proceeding in good faith to determine	401
their rights, may agree upon a case containing the facts upon	402
which the controversy depends and present a submission of it to	403
any court of competent jurisdiction, which. The court shall hear	404
and determine the case and render judgment as if an action were	405
pending.	406

The case, the submission, and the judgment constitutes the	407
record of a question submitted under this section.	408

Such judgment shall be with costs, may be enforced, and shall	409
be subject to reversal, in like manner, as if it were rendered in	410
an action, unless otherwise provided in the submission.	411

Sec. 2315.31.  As used in sections 2315.31 to 2315.37 of the	412
Revised Code, "tortious conduct" includes, but is not limited to,	413
all of the following:	414

(A) Negligence;

415

(B) Contributory negligence or other contributory tortious	416
conduct;	417

(C) Comparative negligence;

418

(D) Express or implied assumption of the risk.

419

Sec. 2315.32. The contributory fault of the plaintiff may be	420
asserted as an affirmative defense to a negligence claim or to a	421
tort claim other than a negligence claim.	422

Sec. 2315.33. The contributory fault of a person does not bar	423
the person as plaintiff from recovering damages that have directly	424
and proximately resulted from the tortious conduct of one or more	425
other persons, if the contributory fault of the plaintiff was not	426
greater than the combined tortious conduct of all other persons	427
from whom the plaintiff seeks recovery in this action and of all	428
other persons from whom the plaintiff does not seek recovery in	429
this action. The court shall diminish any compensatory damages	430
recoverable by the plaintiff by an amount that is proportionately	431
equal to the percentage of tortious conduct of the plaintiff as	432
determined pursuant to section 2315.34 of the Revised Code. This	433
section does not apply to actions described in section 4113.03 of	434
the Revised Code.	435

Sec. 2315.34. If contributory fault is asserted and	436
established as an affirmative defense to a negligence claim, the	437
court in a nonjury action shall make findings of fact, and the	438
jury in a jury action shall return a general verdict accompanied	439
by answers to interrogatories, that shall specify the following:	440

(A) The total amount of the compensatory damages that would	441
have been recoverable on that negligence claim but for the	442
tortious conduct of the plaintiff;	443

(B) The portion of the compensatory damages specified under	444
division (A) of this section that represents economic loss;	445

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

(D) The percentage of tortious conduct attributable to all	448
persons as determined pursuant to section 2307.23 of the Revised	449
Code.	450

Sec. 2315.35. After the court makes its findings of fact or	451
after the jury returns its general verdict accompanied by answers	452
to interrogatories as described in section 2315.34 of the Revised	453
Code, the court shall diminish the total amount of the	454
compensatory damages that would have been recoverable by an amount	455
that is proportionately equal to the percentage of tortious	456
conduct determined under section 2307.23 of the Revised Code that	457
is attributable to the plaintiff. If the percentage of the	458
tortious conduct determined to be attributable to the plaintiff	459
is greater than the sum of the percentages of the tortious conduct	460
determined to be attributable to all parties to the tort action	461
from whom the plaintiff seeks recovery plus all persons from whom	462
the plaintiff does not seek recovery in this tort action, the	463
court shall enter judgment in favor of the defendants.	464

Sec. 2315.36. If contributory fault is asserted as an	465
affirmative defense to a negligence claim, if it is determined	466
that the plaintiff was contributorily at fault and that	467
contributory fault was a direct and proximate cause of the injury,	468
death, or loss to person or property that is the subject of the	469
tort action, and if the plaintiff is entitled to recover	470
compensatory damages pursuant to this section from more than one	471
party, after it makes findings of fact or after the jury returns	472
its general verdict accompanied by answers to interrogatories as	473
described in section 2315.34 of the Revised Code, the court shall	474
enter a judgment that is in favor of the plaintiff and that	475
imposes liability pursuant to section 2307.22 of the Revised Code.	476

Sec. 2315.37. (A) Sections 2307.22 to 2307.25 of the Revised	477
Code apply to the portion of the compensatory damages in a	478
judgment that represents economic loss and for which joint and	479
several liability attaches under section 2315.36 of the Revised	480
Code.	481

(B) Sections 2315.31 to 2315.37 of the Revised Code do not	482
apply to tort actions based on a product liability claim.	483

Sec. 2315.41. (A) As used in sections 2315.41 to 2315.46 of	484
the Revised Code:	485

(1) "Claimant," "harm," and "product liability claim" have	486
the same meanings as in section 2307.71 of the Revised Code.	487

(2) "Other contributory tortious conduct" or "other	488
tortious conduct" means tortious conduct that contributes to the	489
injury, death, or loss to person or property for which the	490
plaintiff or the person for whom the plaintiff is legal	491
representative is seeking relief but does not include conduct	492
constituting express assumption of the risk or implied assumption	493
of the risk.	494

(B) Sections 2315.41 to 2315.46 of the Revised Code do not	495
apply to actions described in section 4113.03 of the Revised Code.	496

Sec. 2315.42.  (A) Express or implied assumption of the risk	497
may be asserted as an affirmative defense to a product liability	498
claim.	499

(B) If express or implied assumption of the risk is asserted	500
as an affirmative defense to a product liability claim and if it	501
is determined that the claimant expressly or impliedly assumed a	502
risk and that the express or implied assumption of the risk was a	503
direct and proximate cause of harm for which the claimant seeks to	504
recover damages, the express or implied assumption of the risk is	505
a complete bar to the recovery of those damages.	506

Sec. 2315.43.  Contributory negligence or other contributory	507
tortious conduct may be asserted as an affirmative defense to a	508
product liability claim. Contributory negligence or other	509
contributory tortious conduct of a plaintiff or of a person for	510
whom the plaintiff is the legal representative does not bar the	511
plaintiff from recovering damages that have directly and	512
proximately resulted from the tortious conduct of one or more	513
other persons, if the contributory negligence or other	514
contributory tortious conduct of the plaintiff or of the person	515
for whom the plaintiff is legal representative was not greater	516
than the combined tortious conduct of all other persons from whom	517
the plaintiff seeks recovery and of all other persons from whom	518
the plaintiff does not seek recovery, including, but not limited	519
to, persons who have entered into a settlement agreement with the	520
plaintiff, persons whom the plaintiff has dismissed from the	521
action without prejudice, and persons whom the plaintiff has	522
dismissed from the action with prejudice, whether or not a person	523
was or could have been a party to the action. However, the	524
compensatory damages recoverable by the plaintiff shall be	525
diminished by an amount that is proportionately equal to the	526
percentage of negligence or other tortious conduct of the	527
plaintiff or of the person for whom the plaintiff is legal	528
representative, which percentage is determined pursuant to section	529
2315.44 of the Revised Code.	530

Sec. 2315.44.  If contributory negligence or other	531
contributory tortious conduct is asserted and established as an	532
affirmative defense to a product liability claim, the court in a	533
nonjury action shall make findings of fact, and the jury in a jury	534
action shall return a general verdict accompanied by answers to	535
interrogatories, that shall specify the following:	536

(A) The total amount of the compensatory damages that would	537
have been recoverable on that product liability claim but for the	538
negligence or other tortious conduct of the plaintiff or the	539
person for whom the plaintiff is legal representative;	540

(B) The portion of the compensatory damages specified under	541
division (A) of this section that represents economic loss;	542

(C) The portion of the compensatory damages specified under	543
division (A) of this section that represents noneconomic loss;	544

(D) The percentage of negligence or other tortious conduct	545
determined pursuant to section 2307.23 of the Revised Code.	546

Sec. 2315.45.  After the court makes its findings of fact	547
or after the jury returns its general verdict accompanied by	548
answers to interrogatories as described in section 2315.44 of the	549
Revised Code, the court shall diminish the total amount of the	550
compensatory damages that would have been recoverable by an amount	551
that is proportionately equal to the percentage of negligence or	552
other tortious conduct that is attributable to the plaintiff or	553
the person for whom the plaintiff is legal representative as	554
determined pursuant to that section. If the percentage of the	555
negligence or other tortious conduct that is attributable to the	556
plaintiff or the person for whom the plaintiff is legal	557
representative is greater than the total of the percentages of the	558
tortious conduct that are attributable to all parties from whom	559
the plaintiff seeks recovery and to all persons from whom the	560
plaintiff does not seek recovery, including, but not limited to,	561
persons who have entered into a settlement agreement with the	562
plaintiff, persons whom the plaintiff has dismissed from the	563
action without prejudice, and persons whom the plaintiff has	564
dismissed from the action with prejudice, whether or not a person	565
was or could have been a party to the action, which percentages	566
were determined pursuant to section 2315.44 of the Revised Code,	567
the court shall enter judgment in favor of those parties.	568

Sec. 2315.46.  If contributory negligence or other	569
contributory tortious conduct is asserted as an affirmative	570
defense to a product liability claim, if it is determined that the	571
plaintiff or the person for whom the plaintiff is legal	572
representative was contributorily negligent or engaged in other	573
contributory tortious conduct and that the contributory negligence	574
or other contributory tortious conduct was a direct and proximate	575
cause of the injury, death, or loss to person or property	576
involved, and if the plaintiff is entitled to recover compensatory	577
damages pursuant to this section from more than one party, after	578
it makes findings of fact or after the jury returns its general	579
verdict accompanied by answers to interrogatories as described in	580
section 2315.44 of the Revised Code, the court shall enter a	581
judgment that is in favor of the plaintiff and that imposes	582
liability pursuant to section 2307.22 of the Revised Code.	583

Sec. 4171.10.  The express assumption of risk set forth in	584
section 4171.09 of the Revised Code shall serve as a complete	585
defense to in a suit tort or other civil action against an	586
operator by a roller skater for injuries resulting from the	587
assumed risks of roller skating. The comparative negligence or	588
other tort provisions of section 2315.19 sections 2315.31 to	589
2315.37 of the Revised Code shall not apply unless the operator	590
has breached his the operator's duties pursuant to sections	591
4171.06 and 4171.07 of the Revised Code.	592

Sec. 4507.07.  (A) The registrar of motor vehicles shall not	593
grant the application of any minor under eighteen years of age for	594
a probationary license, a restricted license, or a temporary	595
instruction permit, unless the application is signed by one of	596
the minor's parents, the minor's guardian, another person having	597
custody of the applicant, or, if there is no parent or guardian, a	598
responsible person who is willing to assume the obligation imposed	599
under this section.	600

At the time a minor under eighteen years of age submits an	601
application for a license or permit at a driver's license	602
examining station, the adult who signs the application shall	603
present identification establishing that the adult is the	604
individual whose signature appears on the application. The	605
registrar shall prescribe, by rule, the types of identification	606
that are suitable for the purposes of this paragraph. If the	607
adult who signs the application does not provide identification as	608
required by this paragraph, the application shall not be accepted.	609

When a minor under eighteen years of age applies for a	610
probationary license, a restricted license, or a temporary	611
instruction permit, the registrar shall give the adult who signs	612
the application notice of the potential liability that may be	613
imputed to the adult pursuant to division (B) of this section and	614
notice of how the adult may prevent any liability from being	615
imputed to the adult pursuant to that division.	616

(B) Any negligence, or willful or wanton misconduct, that is	617
committed by a minor under eighteen years of age when driving a	618
motor vehicle upon a highway shall be imputed to the person who	619
has signed the application of the minor for a probationary license	620
or restricted license, which person shall be jointly and severally	621
liable with the minor for any damages caused by the negligence or	622
the willful or wanton misconduct. This joint and several	623
liability is not subject to division (D) of section 2315.19	624
2307.22, 2315.36, 2315.37, or 2315.46 of the Revised Code with	625
respect to a negligence claim that otherwise is subject to that	626
section.	627

There shall be no imputed liability imposed under this	628
division, if a minor under eighteen years of age has proof of	629
financial responsibility with respect to the operation of a motor	630
vehicle owned by the minor or, if the minor is not the owner of a	631
motor vehicle, with respect to the minor's operation of any motor	632
vehicle, in the form and in the amounts as required under Chapter	633
4509. of the Revised Code.	634

(C) Any person who has signed the application of a minor	635
under eighteen years of age for a license or permit subsequently	636
may surrender to the registrar the license or temporary	637
instruction permit of the minor and request that the license or	638
permit be canceled. The registrar then shall cancel the license	639
or temporary instruction permit, and the person who signed the	640
application of the minor shall be relieved from the liability	641
imposed by division (B) of this section.	642

(D) Any minor under eighteen years of age whose probationary	643
license, restricted license, or temporary instruction permit is	644
surrendered to the registrar by the person who signed the	645
application for the license or permit and whose license or	646
temporary instruction permit subsequently is canceled by the	647
registrar may obtain a new license or temporary instruction permit	648
without having to undergo the examinations otherwise required by	649
sections 4507.11 and 4507.12 of the Revised Code and without	650
having to tender the fee for that license or temporary instruction	651
permit, if the minor is able to produce another parent, guardian,	652
other person having custody of the minor, or other adult, and that	653
adult is willing to assume the liability imposed under division	654
(B) of this section. That adult shall comply with the procedures	655
contained in division (A) of this section.	656

Sec. 5703.54.  (A) A taxpayer aggrieved by an action or	657
omission of an officer or employee of the department of taxation	658
may bring an action for damages in the court of claims pursuant to	659
Chapter 2734. of the Revised Code, if all of the following apply:	660

(1) In the action or omission the officer or employee	661
frivolously disregards a provision of Chapter 5711., 5733., 5739.,	662
5741., or 5747. of the Revised Code or a rule of the tax	663
commissioner adopted under authority of one of those chapters;	664

(2) The action or omission occurred with respect to an audit	665
or assessment and the review and collection proceedings connected	666
with the audit or assessment;	667

(3) The officer or employee did not act manifestly outside	668
the scope of his the officer's or employee's office or employment	669
and did not act with malicious purpose, in bad faith, or in a	670
wanton or reckless manner.	671

(B) In any action brought under division (A) of this	672
section, upon a finding of liability on the part of the state, the	673
state shall be liable to the taxpayer in an amount equal to the	674
sum of the following:	675

(1) Compensatory damages sustained by the taxpayer as a	676
result of the action or omission by the department's officer or	677
employee;	678

(2) Reasonable costs of litigation and attorneys fees	679
sustained by the taxpayer.	680

(C) In the awarding of damages under division (B) of this	681
section, the court shall take into account the negligent actions	682
or omissions, if any, on the part of the taxpayer that contributed	683
to the damages, but shall not be bound by the provisions of	684
section 2315.19 sections 2315.31 to 2315.37 of the Revised Code.	685

(D) Whenever it appears to the court that a taxpayer's	686
conduct in the proceedings brought under division (A) of this	687
section is frivolous, the court may impose a penalty against the	688
taxpayer in an amount not to exceed ten thousand dollars which	689
shall be paid to the general revenue fund of the state.	690

(E)(1) Division (A) of this section does not apply to	691
advisory opinions or other informational functions of an officer	692
or employee of the department.	693

(2) Division (A) of this section does not authorize a	694
taxpayer to bring an action for damages based on an action or	695
omission of a county auditor or an employee of a county auditor.	696

(F) As used in this section, "frivolous" means that the	697
conduct of the commissioner, or of the taxpayer or his the	698
taxpayer's counsel of record satisfies either of the following:	699

(1) It obviously serves merely to harass or maliciously	700
injure the state or its employees or officers if referring to the	701
conduct of a taxpayer, or to harass or maliciously injure the	702
taxpayer if referring to the conduct of the tax commissioner;	703

(2) It is not warranted under existing law and cannot be	704
supported by a good faith argument for an extension, modification,	705
or reversal of existing law.	706

Section 2. That existing sections 2101.31, 2307.24, 2307.27,	707
2307.30, 2313.46, 2315.07, 2315.08, 2315.18, 2315.23, 2315.24,	708
4507.07, and 5703.54, all existing versions of sections 1775.14,	709
2315.18, and 4171.10 in effect before, on, or after the effective	710
date of Am. Sub. H.B. 350 of the 121st General Assembly, January	711
27, 1997, and sections 2307.31, 2307.32, 2307.33, 2307.331,	712
2315.19, 2315.20, and 2315.37 of the Revised Code are hereby	713
repealed.	714

Section 3. Sections 1775.14, 2101.31, 2307.011, 2307.16,	715
2307.17, 2307.18, 2307.21, 2307.22, 2307.23, 2307.24, 2307.25,	716
2307.26, 2307.27, 2307.28, 2307.29, 2307.30, 2313.46, 2315.05,	717
2315.06, 2315.07, 2315.08, 2315.09, 2315.18, 2315.23, 2315.24,	718
2315.31, 2315.32, 2315.33, 2315.34, 2315.35, 2315.36, 2315.37,	719
2315.41, 2315.42, 2315.43, 2315.44, 2315.45, 2315.46, 4171.10,	720
4507.07, and 5703.54 of the Revised Code, as amended or enacted,	721
by this act, apply only to causes of action that accrue on or	722
after the effective date of this act. Any cause of action that	723
accrues prior to the effective date of this act is governed by the	724
law in effect when the cause of action accrued.	725

Section 4. (A) Sections 1775.14, 2315.18, and 4171.10 of the	726
Revised Code, as they existed immediately prior to being amended	727
by Am. Sub. H.B. 350 of the 121st General Assembly, are revived	728
and amended and supersede the versions of those sections repealed	729
by Section 2 of this act. Sections 2315.18 and 4171.10 of the	730
Revised Code also are amended to reenact the changes made to those	731
sections by Am. Sub. H.B. 350.	732

(B) Section 4507.07 of the Revised Code, which has been	733
amended by Am. Sub. S.B. 35 of the 122nd General Assembly	734
subsequent to its amendment by Am. Sub. H.B. 350 of the 121st	735
General Assembly, first is amended to remove matter inserted by,	736
or to revive matter removed by, Am. Sub. H.B. 350 and then is	737
amended to reenact the changes made to that section by Am. Sub.	738
H.B. 350. Amendments made to that section by Am. Sub. S.B. 35 are	739
retained.	740

(C) The revival and amendment or amendment of sections	741
1775.14, 2315.18, 4171.10, and 4507.07 of the Revised Code by this	742
act as described in divisions (A) and (B) of this section is in	743
conformity with the Supreme Court of Ohio's decisions in State, ex	744
rel. Ohio Academy of Trial Lawyers v. Sheward (1999), 86 Ohio	745
St.3d 451, and Stevens v. Ackman (2001), 91 Ohio St.3d 182 and is	746
intended to clarify the status of those sections.	747