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Am. Sub. S. B. No. 120As Passed by the Senate
As Passed by the Senate
124th General Assembly | Regular Session | 2001-2002 |
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SENATORS Johnson, Hottinger, Armbruster, Amstutz, Harris, Randy Gardner, Nein, Robert Gardner
A BILL
To amend sections 2101.31, 2307.24, 2307.27,
2307.30,
2313.46, 2315.23, 2315.24, 4507.07, and
5703.54;
to
revive and amend sections 1775.14,
2315.18,
and
4171.10;
to amend, for the purpose
of
adopting new
section
numbers as indicated in
parentheses,
sections
2307.24 (2307.16), 2307.27
(2307.17),
2307.30
(2307.18), 2315.07 (2315.05),
2315.08
(2315.06),
2315.18 (2315.07), 2315.23
(2315.08),
and 2315.24
(2315.09); to enact new
sections
2307.24 and 2307.27 and
sections 2307.011,
2307.22,
2307.23,
2307.25,
2307.26, 2307.28,
2307.29, 2315.32,
2315.33, 2315.34,
2315.35,
2315.36,
2315.41, 2315.42, 2315.43,
2315.44,
2315.45, and
2315.46; and to
repeal sections
2307.31, 2307.32,
2307.33,
2307.331, 2315.19,
2315.20, and 2315.37
of the
Revised Code to
modify
the law regarding
the
apportionment of
liability in
specified civil
actions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2101.31, 2307.24, 2307.27,
2307.30,
2313.46, 2315.23, 2315.24, 4507.07, and 5703.54 be
amended;
sections 1775.14, 2315.18, and 4171.10 be revived and
amended;
sections
2307.24
(2307.16), 2307.27 (2307.17), 2307.30
(2307.18),
2315.07
(2315.05), 2315.08 (2315.06), 2315.18
(2315.07), 2315.23
(2315.08), and 2315.24 (2315.09) be amended for
the purpose of
adopting new section
numbers as indicated in
parentheses; and new
sections 2307.24 and
2307.27 and
sections 2307.011,
2307.22,
2307.23, 2307.25, 2307.26,
2307.28,
2307.29,
2315.32,
2315.33,
2315.34, 2315.35,
2315.36, 2315.41,
2315.42, 2315.43,
2315.44,
2315.45, and 2315.46
of the
Revised
Code be enacted to
read as
follows:
Sec. 1775.14. (A) Subject to section 1339.65 of the Revised
Code and except as provided in division (B) of this section,
all
partners are liable as follows: (1) Jointly and severally for everything chargeable to the
partnership under sections 1775.12 and 1775.13 of the Revised
Code. This joint and several liability is not subject to
division
(D) of section
2315.19
2307.22, 2315.36, 2315.37, or
2315.46 of
the
Revised Code with respect
to a negligence
or other
tort claim
that otherwise is subject to
that section
any of those
sections. (2) Jointly for all other debts and obligations of the
partnership, but any partner may enter into a separate obligation
to perform a partnership contract. (B) Subject to divisions
(C)(1) and (2) of this section or
as otherwise provided
in a written agreement between the partners
of a registered limited liability
partnership, a partner in a
registered limited liability partnership is not
liable, directly
or indirectly, by way of indemnification, contribution,
assessment, or otherwise, for debts, obligations, or other
liabilities of any
kind of, or chargeable to, the partnership or
another partner or partners
arising from negligence or from
wrongful
acts, errors, omissions, or misconduct, whether or not
intentional
or
characterized as tort, contract, or otherwise,
committed or occurring while
the
partnership is a registered
limited liability partnership and committed or
occurring in the
course of the partnership business by another partner or an
employee, agent, or representative of the partnership. (C)(1) Division
(B) of this section does not affect the
liability of a partner in a registered limited liability
partnership for that
partner's own negligence, wrongful acts,
errors, omissions, or misconduct,
including that partner's own
negligence, wrongful acts, errors, omissions, or
misconduct in
directly supervising any other partner or any employee, agent,
or
representative of the partnership. (2) Division (B) of this section shall
not affect the
liability of a partner for liabilities imposed by
Chapters 5735.,
5739., 5743., and 5747. and
section 3734.908 of the Revised
Code. (D) A partner in a registered limited
liability partnership
is not a proper party to an action or proceeding by or
against a
registered limited liability partnership with respect to any debt,
obligation, or other liability of any kind described in division
(B) of this section, unless the partner is
liable under divisions
(C)(1) and (2) of this section.
Sec. 2101.31. All questions of fact shall be determined by
the probate judge,
unless
he
the judge orders
them
those questions
of fact to be tried
by
before a
jury, or
referred,
refers those
questions of fact to a special master commissioner as
provided in
sections
2101.06
and 2101.07,
and
sections 2315.26 to 2315.37,
inclusive, of the
Revised
Code.
Sec. 2307.011. As used in Chapters 2307. and 2315. of the
Revised Code: (A) "Conduct" means actions or omissions.
(B) "Contributory fault" means contributory negligence,
other contributory tortious conduct, comparative negligence, or
express or implied assumption of the risk.
(C) "Economic loss" means any of the following types of
pecuniary harm:
(1) All wages, salaries, or other compensation lost as a
result of an injury, death, or loss to person or property that is
a subject of a tort action, including wages, salaries, or other
compensation lost as of the date of a judgment and future expected
lost earnings;
(2) All expenditures for medical care or treatment,
rehabilitation services, or other care, treatment, services,
products, or accommodations incurred as a result of an injury,
death, or loss to person that is a subject of a tort action,
including expenditures for those purposes that were incurred as of
the date of a judgment and expenditures for those purposes that,
in the determination of the trier of fact, will be incurred in the
future because of the injury, whether paid by the injured person
or by another person on behalf of the injured person;
(3) All expenditures of a person whose property was injured
or destroyed or of another person on behalf of the person whose
property was injured or destroyed in order to repair or replace
the property;
(4) Any other expenditures incurred as a result of an
injury, death, or loss to person or property that is a subject of
a tort action, except expenditures of the injured person, the
person whose property was injured or destroyed, or another person
on behalf of the injured person or the person whose property was
injured or destroyed in relation to the actual preparation or
presentation of the claim involved.
(D) "Negligence claim" means a civil action for damages for
injury, death, or loss to person or property to the extent that
the damages are sought or recovered based on allegation or proof
of negligence.
(E) "Noneconomic loss" means nonpecuniary harm that results
from an injury, death, or loss to person that is a subject of a
tort action, including, but not limited to, pain and suffering;
loss of society, consortium, companionship, care, assistance,
attention, or protection; advice, guidance, counsel, instruction,
training, or education; mental anguish; and any other intangible
loss.
(F) "Person" has the same meaning as in division (C) of
section 1.59 of the Revised Code and additionally includes a
political subdivision and the state.
(G) "Persons from whom the plaintiff does not seek recovery
in this action" includes, but is not limited to, the following:
(1) Persons who have entered into a settlement agreement
with the plaintiff;
(2) Persons whom the plaintiff has dismissed from the tort
action without prejudice;
(3) Persons whom the plaintiff has dismissed from the tort
action with prejudice;
(4) Persons who are not a party to the tort action
whether
or not that person was or could have been a party to the
tort
action.
(H) "Plaintiff" includes the person for whom the plaintiff
is legal representative.
(I) "Political subdivision" and "state" have the same
meanings as in section 2744.01 of the Revised Code.
(J) "Tort action" means a civil action for damages for
injury, death, or loss to person or property. "Tort action"
includes a product liability claim but does not include a civil
action for damages for a breach of contract or another agreement
between persons.
(K) "Trier of fact" means the jury or, in a nonjury action,
the court.
Sec. 2307.24
2307.16. A partnership formed for the purpose
of carrying on a trade or
business in this state, or holding
property in this state, may sue or be sued
by the usual or
ordinary name
which is
that it has assumed, or by which it is
known.
Sec. 2307.27
2307.17. In an action for the recovery of real
or personal property, a
person claiming an interest in the
property, on
his application, may be
made a party.
Sec. 2307.30
2307.18.
An
A judicial officer against whom an
action is brought to recover
personal property taken by
him
the
officer on execution, or for
the proceeds of
such
the personal
property sold by
him
the officer, upon
exhibiting to the court the
process under which
he
the officer
acted, with
his
the officer's
affidavit that the property was
taken or sold by
him
the officer
under
such
that process, may have
the benefit of
section 2307.29
of the Revised Code
Civil Rule 22, against the party in whose
favor the execution issued.
Sec. 2307.22. (A) Subject to sections 2307.23 and 2307.24 and
except as
provided in division (B) of section 2307.70, division
(B) of
section 4507.07, section 4399.02, or another section of the
Revised Code that expressly establishes joint and several tort
liability for specified persons, joint and several tort liability
shall be determined as follows:
(1) In a tort action in which the trier of fact determines
that two or more persons proximately caused the same injury or
loss to person or property or the same wrongful death and in which
the trier of fact determines that more than fifty per cent of the
tortious conduct is attributable to one defendant, that defendant
shall
be jointly and severally liable in tort for all compensatory
damages that represent economic loss.
(2) If division (A)(1) of this section is applicable, each
defendant who is determined by the trier of fact to be legally
responsible for the same injury or loss to person or property or
the same wrongful death and to whom fifty per cent or less of the
tortious conduct is attributable shall be liable to the plaintiff
only
for that defendant's proportionate share of the compensatory
damages that represent economic loss. The proportionate share of a
defendant shall be calculated by multiplying the total amount of
the economic damages awarded to the plaintiff by the percentage of
tortious conduct as determined pursuant to section 2307.23 of the
Revised
Code that is attributable to that defendant.
(B) In a tort action in which the trier of fact determines
that two or more persons proximately caused the same injury or
loss to person or property or the same wrongful death and in which
the trier of fact
determines that fifty per cent or less of the
tortious conduct is
attributable to each defendant, each defendant
shall be liable to
the plaintiff only for that defendant's
proportionate share of the
compensatory damages that represent
economic loss. The
proportionate share of a defendant shall be
calculated by
multiplying the total amount of the economic damages
awarded to
the plaintiff by the percentage of tortious
conduct as
determined
pursuant to section 2307.23 of the Revised Code that is
attributable
to that defendant.
(C) In a tort action in which the trier of fact determines
that two or more persons proximately caused the same injury or
loss to person or property or the same wrongful death, each
defendant who is determined by the trier of fact to be legally
responsible for the same injury or loss to person or property or
for the same wrongful death shall be liable to the plaintiff only
for that defendant's proportionate share of the compensatory
damages that represent noneconomic loss. The proportionate share
of a defendant shall be calculated by multiplying the total amount
of the noneconomic damages awarded to the plaintiff by the
percentage of tortious conduct as determined pursuant to section
2307.23 of the Revised Code that is attributable to that
defendant. (D) Sections 2307.25 to 2307.29 of the Revised Code shall
apply to joint and several tort liability that is described in
division (A) of this section.
Sec. 2307.23. (A) In determining the percentage of tortious
conduct attributable to a party in a tort action under
section
2307.22, sections 2315.32 to 2315.37, or sections 2315.41 to
2315.46 of the
Revised Code, the court in a nonjury action shall
make findings of
fact, and the jury in a jury action shall return
a general verdict
accompanied by answers to interrogatories, that
shall specify all
of the following:
(1) The percentage of tortious conduct that proximately
caused the injury
or loss to person or property or the wrongful
death that is attributable to the plaintiff and
to each party to
the tort action from whom the plaintiff seeks
recovery in this
action;
(2) The percentage of tortious conduct
that proximately
caused the injury or loss to person or property
or the wrongful
death that
is attributable to each person from whom the plaintiff
does not
seek recovery in this action.
(B) The sum of the percentages of tortious conduct as
determined pursuant to division (A) of this section shall equal
one hundred per cent.
Sec. 2307.24. (A) Sections 2307.22 and 2307.23 of
the Revised
Code do not affect joint and several liability that is
not based
in tort.
(B) Sections 2307.22 and 2307.23 of the Revised
Code do not
affect any other section of the Revised Code or the
common law of
this state to the extent that the other section or
common law
makes a principal, master, or other person vicariously
liable for
the tortious conduct of an agent,
servant, or other
person. For
purposes of section 2307.22 of the
Revised Code, a
principal and
agent, a master and servant, or
other persons having
a vicarious
liability relationship shall
constitute a single party
when
determining percentages of
tortious conduct in a tort action
in
which
vicarious liability is asserted.
Sec. 2307.25. (A) Except as otherwise provided in sections
2307.25 to 2307.28 of the Revised Code, if one or more persons are
jointly and severally liable in tort for the same injury or loss
to person or property or for the same wrongful death, there may be
a
right of contribution even though judgment has not been
recovered against all or any of them. The right of contribution
exists only in favor of a tortfeasor who has paid more than that
tortfeasor's proportionate share of the common liability, and that
tortfeasor's total recovery is limited to the amount paid by that
tortfeasor in excess of that tortfeasor's proportionate share. No
tortfeasor may be compelled to make contribution beyond that
tortfeasor's own proportionate share of the common liability.
There is no right of contribution in favor of any tortfeasor who
intentionally has caused or intentionally has contributed to the
injury or loss to person or property or the wrongful death.
(B) A tortfeasor who enters into a settlement with a claimant
is not entitled to contribution from another tortfeasor whose
liability for the injury or loss to person or property or the
wrongful death is not extinguished by the settlement, or in
respect to any amount paid in a settlement that is in excess of
what is reasonable.
(C) A liability insurer that by payment has discharged in
full or in part the liability of a tortfeasor and has discharged
in full by the payment its obligation as insurer is subrogated to
the tortfeasor's right of contribution to the extent of the amount
it has paid in excess of the tortfeasor's proportionate share of
the common liability. This division does not limit or impair any
right of subrogation arising from any other relationship.
(D) This section does not impair any right of indemnity under
existing law. If one tortfeasor is entitled to indemnity from
another, the right of the indemnity obligee is for indemnity and
not contribution, and the indemnity obligor is not entitled to
contribution from the obligee for any portion of the indemnity
obligation.
(E) This section does not apply to breaches of trust or of
other fiduciary obligations.
(F) The proportionate shares of tortfeasors in the common
liability shall be based upon their relative degrees of legal
responsibility. If equity requires the collective liability of
some as a group, the group shall constitute a single share, and
principles of equity applicable to contribution generally shall
apply.
(G) Whether or not judgment has been entered in an action
against two or more tortfeasors for the same injury or loss to
person or property or for the same wrongful death, contribution
may be enforced by separate action.
(H) Whenever the provisions of the
"Federal Tort Claims Act,"
60 Stat. 842 (1946), 28 U.S.C. 2671 et seq., are applicable to a
tort and the United States is held liable in tort, the United
States has no right of contribution under this section against the
state pursuant to the waiver of sovereign immunity contained in
Chapter 2743. of the Revised Code.
Sec. 2307.26. If a judgment that imposes joint and several
liability has been entered in an action against one or more
tortfeasors for the same injury or loss to person or property or
for the same wrongful death, contribution may be enforced in that
action by judgment in favor of one against other judgment debtors,
by motion, upon notice to all parties to the action. If there is
a judgment for the injury or loss to person or property or the
wrongful death against the tortfeasor seeking contribution, that
tortfeasor shall commence any separate action to enforce
contribution within one year after the judgment has become final
by lapse of time for appeal or after appellate review.
If there is no judgment for the injury or loss to person or
property or the wrongful death against the tortfeasor seeking
contribution, that tortfeasor's right of contribution is barred
unless either of the following applies:
(A) That tortfeasor has discharged by payment the common
liability within the statute of limitations period applicable to
the claimant's right of action against that tortfeasor and has
commenced that tortfeasor's action for contribution within one
year after the payment.
(B) That tortfeasor has agreed while an action is pending
against that tortfeasor to discharge the common liability and has
paid within one year after the agreement the common liability and
commenced that tortfeasor's action for contribution.
Sec. 2307.27. (A) The recovery of a judgment for an injury or
loss to person or property or a wrongful death against one
tortfeasor does not of itself discharge the other tortfeasors from
liability for the injury, loss, or wrongful death unless the
judgment is satisfied. The satisfaction of the judgment does not
impair any right of contribution.
(B) Valid answers to interrogatories by a jury or findings of
fact by a court sitting without a jury in determining the
percentage of liability of several defendants for an injury or
loss to person or
property or a wrongful death shall be binding as
among those
defendants in determining their right to contribution.
Sec. 2307.28. When a release or a covenant not to sue or not
to enforce judgment is given in good faith to one of two or more
persons for the same injury or loss to person or
property or the
same wrongful death, both of the following apply:
(A) The release or covenant does not discharge any of the
other tortfeasors from liability for the injury, loss, or wrongful
death unless its terms otherwise provide, but it reduces the claim
against the other tortfeasors to the extent of the greater of any
amount stipulated by the release or the covenant or the amount of
the consideration paid for it.
(B) The release or covenant discharges the person to whom
it
is given from all liability for contribution to any other
tortfeasor.
Sec. 2307.29. No provision of sections 2307.25 to 2307.28
of the Revised Code applies to a negligence or other tort claim to
the extent that sections 2307.22 to 2307.24,
sections 2315.32 to
2315.37, or sections 2315.41 to 2315.46 of the Revised Code make
a
party
against whom a judgment is entered liable to the plaintiff
only
for the proportionate share of that party as described in
those
sections.
Sec. 2313.46. Sections 2313.01 to 2313.46, inclusive, and
2315.01 to 2315.24,
inclusive,
Chapter 2315. of the Revised Code
do not
contravene or affect any section of the
Revised Code
relating to
jurors in the inferior courts in any county of the
state.
Sec. 2315.07
2315.05. Because of the sickness of a juror, or
an accident or calamity
which requires it, or with the consent of
both parties, or after jurors have
been kept together until it
satisfactorily appears that there is no
probability of their
agreeing, the court may discharge the jury.
Sec. 2315.08
2315.06. When the jury is discharged during a
trial or after a cause is
submitted, such cause may at once be
tried again, or on a future day, as the
court directs.
Sec. 2315.18
2315.07.
Except as otherwise provided in this
section,
when
When
by the verdict in a civil action tried to a
jury any
party in the
action is entitled
to recover money from an
adverse
party, the jury shall determine
the amount of
the recovery
in its
verdict.
A jury shall not determine the
amount of
punitive
or
exemplary damages recoverable by a party in a tort
action
pursuant
to section 2315.21 or another section of the Revised Code
except
as provided
in division (D)(5) of section 2315.21 of the
Revised
Code. As used in this section,
"tort action" has the same meaning
as
in section
2315.21 of the Revised Code.
Sec. 2315.23
2315.08. So far as in their nature applicable,
sections 2315.01 to
2315.19, inclusive,
2315.08 of the Revised
Code, respecting trials by jury, apply to
trials by the court.
Sec. 2315.24
2315.09. Parties to a question
which
that might
be
the subject of a civil
action, on filing an affidavit that the
controversy is real and the proceeding
in good faith to determine
their rights, may agree upon a case containing the
facts upon
which the controversy depends and present a submission of it to
any
court of competent jurisdiction, which. The court shall hear
and
determine the case and
render judgment as if an action were
pending. The case, the submission, and the judgment constitutes the
record of a
question submitted under this section. Such judgment shall be with costs, may be enforced, and shall
be subject to
reversal, in like manner, as if it were rendered in
an action, unless
otherwise provided in the submission.
Sec. 2315.32. (A) Sections 2315.32 to 2315.36 of the Revised
Code do not apply to tort actions based on a product liability
claim. (B) The contributory fault of the
plaintiff may be
asserted
as
an
affirmative defense to a
negligence claim or to a
tort claim
other
than a negligence claim.
Sec. 2315.33. The contributory fault of a person
does not bar
the person as plaintiff from recovering damages that
have directly
and
proximately resulted from the tortious conduct
of one or more
other persons, if the contributory fault of the
plaintiff was not
greater than the combined tortious conduct of
all other persons
from whom the
plaintiff seeks recovery in this
action and of all
other persons from whom the
plaintiff does not seek
recovery in
this action. The court shall diminish any
compensatory damages
recoverable by the plaintiff by an amount
that is proportionately
equal to the
percentage of tortious
conduct of the plaintiff as
determined pursuant to section 2315.34
of the Revised Code. This
section does not apply to actions
described in section 4113.03 of
the Revised Code.
Sec. 2315.34. If contributory fault is asserted
and
established as an affirmative defense to a negligence claim,
the
court in a nonjury action shall make findings of fact, and the
jury in a jury action shall return a general verdict accompanied
by answers to interrogatories, that shall specify the following:
(A) The total amount of the compensatory damages that would
have been recoverable on that negligence claim but for the
tortious conduct of the plaintiff;
(B) The portion of the compensatory damages specified under
division (A) of this section that represents economic loss;
(C) The portion of the compensatory damages specified under
division (A) of this section that represents noneconomic loss;
(D) The percentage of tortious conduct attributable to all
persons as determined pursuant to
section
2307.23 of the Revised
Code.
Sec. 2315.35. After the court makes its findings of fact or
after the jury returns its general verdict accompanied by answers
to interrogatories as described in section 2315.34 of the Revised
Code, the court shall diminish the total amount of the
compensatory damages that would have been recoverable by an amount
that is proportionately equal to the percentage of tortious
conduct determined under section 2307.23 of the Revised Code that
is attributable to the
plaintiff. If the percentage of the
tortious conduct determined
to be attributable to the plaintiff
is greater
than the sum of the percentages of the tortious conduct
determined
to be attributable to all parties to the tort action
from whom the plaintiff seeks recovery plus all persons from whom
the plaintiff does not seek recovery in this action, the
court
shall
enter judgment in
favor of the defendants.
Sec. 2315.36. If contributory fault is asserted as an
affirmative defense to a negligence claim, if it is determined
that the plaintiff was contributorily at fault and
that
contributory fault was a direct and proximate cause of the
injury,
death, or loss to person or property that is the subject of the
tort action, and if
the plaintiff is entitled to recover
compensatory damages pursuant
to section 2315.33 of the Revised
Code from more than one
party, after it makes findings
of fact or
after the jury returns
its general verdict accompanied
by answers
to interrogatories as
described in section 2315.34 of
the Revised
Code, the court shall
enter a judgment that is in
favor of the
plaintiff and that
imposes liability pursuant to
section 2307.22
of the Revised Code.
Sec. 2315.41. (A) As used in sections 2315.41 to 2315.46 of
the Revised Code, "other contributory tortious conduct" or
"other
tortious
conduct" means tortious conduct that contributes to the
injury,
death, or loss to person or property for which the
plaintiff is
seeking relief but does not include conduct
constituting express
assumption of the risk or implied assumption
of the risk.
(B) Sections 2315.41 to 2315.46 of the Revised Code do not
apply to actions described in section 4113.03 of the Revised Code.
Sec. 2315.42. (A) Express or implied assumption of the risk
may be asserted as an affirmative defense to a product liability
claim.
(B) If express or implied assumption of the risk is
asserted
as an affirmative defense to a product liability claim
and if it
is determined that the plaintiff expressly or impliedly
assumed a
risk and that the express or implied assumption of the
risk was a
direct and proximate cause of harm for which the
plaintiff seeks
to
recover damages, the express or implied
assumption of the risk
is
a complete bar to the recovery of those
damages.
Sec. 2315.43. Contributory negligence or other contributory
tortious conduct may be asserted as an affirmative defense to a
product liability claim. Contributory negligence or other
contributory tortious conduct of a plaintiff does not bar the
plaintiff from recovering damages that have directly and
proximately resulted from the tortious conduct of one or more
other persons, if the contributory negligence or other
contributory tortious conduct of the plaintiff was not greater
than
the combined tortious conduct of all other persons from whom
the
plaintiff seeks recovery and of all other persons from whom
the
plaintiff does not seek recovery in this action. The
compensatory damages recoverable by the plaintiff shall be
diminished by an amount that is proportionately equal to the
percentage of negligence or other tortious conduct of the
plaintiff, which percentage is determined pursuant to section
2315.44 of the Revised Code.
Sec. 2315.44. If contributory negligence or other
contributory tortious conduct is asserted and established as an
affirmative defense to a product liability claim, the court in a
nonjury action shall make findings of fact, and the jury in a jury
action shall return a general verdict accompanied by answers to
interrogatories, that shall specify the following:
(A) The total amount of the compensatory damages that would
have been recoverable on that product liability claim but for the
negligence or other tortious conduct of the plaintiff;
(B) The portion of the compensatory damages specified under
division (A) of this section that represents economic loss;
(C) The portion of the compensatory damages specified under
division (A) of this section that represents noneconomic loss;
(D) The percentage of negligence or other tortious conduct
attributable to all persons as
determined pursuant to section
2307.23 of the Revised Code.
Sec. 2315.45. After the court makes its findings of fact
or after the jury returns its general verdict accompanied by
answers to interrogatories as described in section 2315.44 of the
Revised Code, the court shall diminish the total amount of the
compensatory damages that would have been recoverable by an amount
that is proportionately equal to the percentage of negligence or
other tortious conduct determined pursuant to section 2307.23 of
the Revised Code that is attributable to the plaintiff. If the
percentage of the
negligence or other tortious conduct determined
to be attributable to the
plaintiff is greater than the sum of the
percentages of the
tortious conduct determined to be attributable
to all parties to the action from whom
the plaintiff seeks
recovery plus all persons from whom the
plaintiff does not seek
recovery in this action,
the court shall enter judgment in favor
of the defendants.
Sec. 2315.46. If contributory negligence or other
contributory tortious conduct is asserted as an affirmative
defense to a product liability claim, if it is determined that the
plaintiff was contributorily negligent or engaged in other
contributory tortious conduct and that the contributory negligence
or other contributory tortious conduct was a direct and proximate
cause of the injury, death, or loss to person or property
involved, and if the plaintiff is entitled to recover compensatory
damages pursuant to this section from more than one party, after
it makes findings of fact or after the jury returns its general
verdict accompanied by answers to interrogatories as described in
section 2315.44 of the Revised Code, the court shall enter a
judgment that is in favor of the plaintiff and that imposes
liability pursuant to section 2307.22 of the Revised Code.
Sec. 4171.10. The express assumption of risk set forth in
section 4171.09 of
the Revised Code shall serve as a complete
defense
to
in a
suit
tort or other civil action against an
operator by a roller skater for injuries resulting from the
assumed risks of
roller skating. The comparative negligence
or
other tort provisions of
section 2315.19
sections 2315.32 to
2315.37 of
the Revised Code shall
not apply unless the operator
has breached
his
the operator's
duties
pursuant to sections
4171.06 and 4171.07 of the Revised
Code.
Sec. 4507.07. (A) The registrar of motor vehicles shall
not
grant the application of any minor under eighteen years of
age for
a probationary license, a restricted license,
or a temporary
instruction permit, unless
the
application is signed by one of
the minor's parents,
the minor's guardian,
another
person having
custody of the
applicant, or, if there is no parent
or guardian,
a
responsible
person who is willing to assume the
obligation imposed
under this
section. At the time a minor under eighteen years of age submits an
application for a license
or permit at a driver's license
examining
station,
the adult who signs the application shall
present
identification
establishing that
the adult is the
individual whose
signature
appears on the application. The
registrar
shall
prescribe, by rule, the types of
identification
that are suitable
for the purposes of this
paragraph. If the
adult who signs the
application does not
provide identification
as
required by this
paragraph, the
application shall not be
accepted. When a minor under eighteen years of age applies for a
probationary license, a restricted license,
or a temporary
instruction permit, the registrar
shall give the
adult who signs
the application
notice of the potential liability
that
may be
imputed to the
adult pursuant to
division (B) of
this section and
notice of how
the
adult
may
prevent any liability from being
imputed to
the
adult
pursuant to
that
division. (B)
Any negligence, or willful or wanton misconduct, that
is
committed by a minor under eighteen years of age when driving
a
motor vehicle upon a highway shall be imputed to the person who
has signed the application of the minor for a probationary
license
or restricted license, which person shall be jointly and
severally
liable with the minor for any damages caused by the
negligence or
the willful or wanton misconduct. This joint and
several
liability is not subject to
division (D) of section
2315.19
2307.22, 2315.36, 2315.37, or 2315.46 of the
Revised Code with
respect to a negligence
claim that otherwise is
subject to that
section. There shall be no imputed liability imposed under this
division, if a minor under eighteen years of age has proof of
financial responsibility with respect to the operation of a motor
vehicle owned by the minor or, if the minor is not the owner of a
motor vehicle, with respect to the minor's operation of any motor
vehicle, in the form and in the amounts as required under Chapter
4509. of the Revised Code. (C) Any person who has signed the application of a minor
under eighteen years of age for a license
or permit subsequently
may
surrender to the registrar the license or temporary
instruction
permit of the minor and request that the license or
permit be
canceled. The registrar
then
shall cancel the
license
or
temporary
instruction permit, and the person who signed
the
application
of
the minor shall be relieved from the liability
imposed by
division (B) of this section. (D) Any minor under eighteen years of age whose
probationary
license, restricted license, or temporary
instruction
permit is
surrendered to the registrar by the person
who signed
the
application for the license
or permit and whose license or
temporary
instruction permit
subsequently
is canceled by the
registrar
may obtain a new license or temporary instruction
permit
without
having to undergo the examinations otherwise
required by
sections
4507.11 and 4507.12 of the Revised Code and
without
having to
tender the fee for
that license or
temporary
instruction
permit, if the minor is able to produce another
parent, guardian,
other person having custody of the minor, or
other adult, and
that
adult is willing to assume the
liability
imposed under
division
(B) of this section.
That adult
shall
comply
with the
procedures
contained in division (A) of this
section.
Sec. 5703.54. (A) A taxpayer aggrieved by an action or
omission of an officer or employee of the department of taxation
may bring an action for damages in the court of claims pursuant
to
Chapter 2734. of the Revised Code, if all of the following
apply: (1) In the action or omission the officer or employee
frivolously disregards a provision of Chapter 5711., 5733.,
5739.,
5741., or 5747. of the Revised Code or a rule of the tax
commissioner adopted under authority of one of those chapters; (2) The action or omission occurred with respect to an
audit
or assessment and the review and collection proceedings
connected
with the audit or assessment; (3) The officer or employee did not act manifestly outside
the scope of
his
the officer's or employee's office or
employment
and did not act with malicious purpose, in bad faith, or in a
wanton or reckless manner. (B) In any action brought under division (A) of this
section, upon a finding of liability on the part of the state,
the
state shall be liable to the taxpayer in an amount equal to
the
sum of the following: (1) Compensatory damages sustained by the taxpayer as a
result of the action or omission by the department's officer or
employee; (2) Reasonable costs of litigation and attorneys fees
sustained by the taxpayer. (C) In the awarding of damages under division (B) of this
section, the court shall take into account the negligent actions
or omissions, if any, on the part of the taxpayer that
contributed
to the damages, but shall not be bound by the
provisions of
section 2315.19
sections 2315.32 to 2315.37 of the Revised Code. (D) Whenever it appears to the court that a taxpayer's
conduct in the proceedings brought under division (A) of this
section is frivolous, the court may impose a penalty against the
taxpayer in an amount not to exceed ten thousand dollars which
shall be paid to the general revenue fund of the state. (E)(1) Division (A) of this section does not apply to
advisory opinions or other informational functions of an officer
or employee of the department. (2) Division (A) of this section does not authorize a
taxpayer to bring an action for damages based on an action or
omission of a county auditor or an employee of a county auditor. (F) As used in this section,
"frivolous" means that the
conduct of the commissioner, or of the taxpayer or
his
the
taxpayer's counsel of record satisfies either of the following: (1) It obviously serves merely to harass or maliciously
injure the state or its employees or officers if referring to the
conduct of a taxpayer, or to harass or maliciously injure the
taxpayer if referring to the conduct of the tax commissioner; (2) It is not warranted under existing law and cannot be
supported by a good faith argument for an extension,
modification,
or reversal of existing law.
Section 2. That existing sections 2101.31, 2307.24,
2307.27,
2307.30, 2313.46, 2315.07, 2315.08, 2315.18, 2315.23, 2315.24,
4507.07, and 5703.54, all existing versions of sections
1775.14,
2315.18, and 4171.10 in effect before, on, or
after
the
effective
date of Am. Sub. H.B. 350 of the 121st General Assembly,
January
27, 1997, and sections 2307.31, 2307.32, 2307.33,
2307.331,
2315.19, 2315.20, and 2315.37 of the Revised Code are hereby
repealed.
Section 3. Sections 1775.14, 2101.31, 2307.011, 2307.16,
2307.17, 2307.18, 2307.22, 2307.23, 2307.24, 2307.25,
2307.26,
2307.27, 2307.28, 2307.29, 2307.30, 2313.46, 2315.05,
2315.06,
2315.07, 2315.08, 2315.09, 2315.18, 2315.23, 2315.24,
2315.32,
2315.33,
2315.34, 2315.35, 2315.36, 2315.41, 2315.42, 2315.43,
2315.44, 2315.45, 2315.46, 4171.10,
4507.07, and 5703.54 of the
Revised
Code, as
amended or enacted,
by this act, apply only to
causes of
action
that accrue on or
after the effective date of
this act.
Any
cause
of action that
accrues prior to the effective
date of
this
act is
governed by the
law in effect when the cause
of action
accrued.
Section 4. (A) Sections 1775.14, 2315.18, and 4171.10 of the
Revised Code, as they existed immediately prior to being amended
by Am. Sub. H.B. 350 of the 121st General Assembly, are revived
and amended and supersede the versions of those sections repealed
by Section 2 of this act. Sections 2315.18 and 4171.10 of the
Revised Code also are amended to reenact the changes made to those
sections by Am. Sub. H.B. 350.
(B) Section 4507.07 of the Revised Code, which has been
amended by Am. Sub. S.B. 35 of the 122nd General Assembly
subsequent to its amendment by Am. Sub. H.B. 350 of the 121st
General Assembly, first is amended to remove matter inserted by,
or to revive matter removed by, Am. Sub. H.B. 350 and then is
amended to reenact the changes made to that section by Am. Sub.
H.B. 350. Amendments made to that section by Am. Sub. S.B. 35 are
retained.
(C) The revival and amendment or amendment of sections
1775.14, 2315.18, 4171.10, and 4507.07 of the Revised Code by this
act as described in divisions (A) and (B) of this section is in
conformity with the Supreme Court of Ohio's decisions in
State, ex
rel. Ohio Academy of Trial Lawyers v. Sheward (1999), 86 Ohio
St.3d 451, and
Stevens v. Ackman (2001), 91 Ohio St.3d 182 and is
intended to clarify the status of those sections.
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