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H. B. No. 495 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Antonio, Ashford, Barborak, Barnes, Bishoff, Boyce, Boyd, Budish, Carney, Celebrezze, Cera, Clyde, Curtin, Driehaus, Fedor, Foley, Gerberry, Hagan, R., Heard, Letson, Lundy, Mallory, Milkovich, O'Brien, Patmon, Patterson, Phillips, Ramos, Redfern, Reece, Rogers, Sheehy, Slesnick, Stinziano, Strahorn, Sykes, Williams, Winburn
A BILL
To amend section 2315.18 of the Revised Code to
remove the cap on the amount of compensatory
damages that represents damages for noneconomic
loss that is recoverable in a tort action when the
tort action is brought by a victim of rape,
felonious assault, aggravated assault, assault, or
negligent assault.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2315.18 of the Revised Code be
amended to read as follows:
Sec. 2315.18. (A) As used in this section and in section
2315.19 of the Revised Code:
(1) "Asbestos claim" has the same meaning as in section
2307.91 of the Revised Code.
(2) "Economic loss" means any of the following types of
pecuniary harm:
(a) All wages, salaries, or other compensation lost as a
result of an injury or loss to person or property that is a
subject of a tort action;
(b) All expenditures for medical care or treatment,
rehabilitation services, or other care, treatment, services,
products, or accommodations as a result of an injury or loss to
person or property that is a subject of a tort action;
(c) Any other expenditures incurred as a result of an injury
or loss to person or property that is a subject of a tort action,
other than attorney's fees incurred in connection with that
action.
(3) "Medical claim," "dental claim," "optometric claim," and
"chiropractic claim" have the same meanings as in section 2305.113
of the Revised Code.
(4) "Noneconomic loss" means nonpecuniary harm that results
from an injury or loss to person or property that is a subject of
a tort action, including, but not limited to, pain and suffering,
loss of society, consortium, companionship, care, assistance,
attention, protection, advice, guidance, counsel, instruction,
training, or education, disfigurement, mental anguish, and any
other intangible loss.
(5) "Occurrence" means all claims resulting from or arising
out of any one person's bodily injury.
(6) "Product liability claim" has the same meaning as in
section 2307.71 of the Revised Code.
(7) "Tort action" means a civil action for damages for injury
or loss to person or property. "Tort action" includes a civil
action upon a product liability claim or an asbestos claim. "Tort
action" does not include a civil action upon a medical claim,
dental claim, optometric claim, or chiropractic claim or a civil
action for damages for a breach of contract or another agreement
between persons.
(8) "Trier of fact" means the jury or, in a nonjury action,
the court.
(B) In a tort action to recover damages for injury or loss to
person or property, all of the following apply:
(1) There shall not be any limitation on the amount of
compensatory damages that represents the economic loss of the
person who is awarded the damages in the tort action.
(2) Except as otherwise provided in division (B)(3) or (4) of
this section, the amount of compensatory damages that represents
damages for noneconomic loss that is recoverable in a tort action
under this section to recover damages for injury or loss to person
or property shall not exceed the greater of two hundred fifty
thousand dollars or an amount that is equal to three times the
economic loss, as determined by the trier of fact, of the
plaintiff in that tort action to a maximum of three hundred fifty
thousand dollars for each plaintiff in that tort action or a
maximum of five hundred thousand dollars for each occurrence that
is the basis of that tort action.
(3) There shall not be any limitation on the amount of
compensatory damages that represents damages for noneconomic loss
that is recoverable in a tort action to recover damages for injury
or loss to person or property if the noneconomic losses of the
plaintiff are for either of the following:
(a) Permanent and substantial physical deformity, loss of use
of a limb, or loss of a bodily organ system;
(b) Permanent physical functional injury that permanently
prevents the injured person from being able to independently care
for self and perform life-sustaining activities.
(4) There shall not be any limitation on the amount of
compensatory damages that represents damages for noneconomic loss
that is recoverable in a tort action brought by the victim of the
offense of rape, felonious assault, aggravated assault, assault,
or negligent assault asserting any claim resulting from the rape,
felonious assault, aggravated assault, assault, or negligent
assault.
(C) In determining an award of compensatory damages for
noneconomic loss in a tort action, the trier of fact shall not
consider any of the following:
(1) Evidence of a defendant's alleged wrongdoing, misconduct,
or guilt;
(2) Evidence of the defendant's wealth or financial
resources;
(3) All other evidence that is offered for the purpose of
punishing the defendant, rather than offered for a compensatory
purpose.
(D) If a trial is conducted in a tort action to recover
damages for injury or loss to person or property and a plaintiff
prevails in that action, the court in a nonjury trial shall make
findings of fact, and the jury in a jury trial shall return a
general verdict accompanied by answers to interrogatories, that
shall specify all of the following:
(1) The total compensatory damages recoverable by the
plaintiff;
(2) The portion of the total compensatory damages that
represents damages for economic loss;
(3) The portion of the total compensatory damages that
represents damages for noneconomic loss.
(E)(1) After the trier of fact in a tort action to recover
damages for injury or loss to person or property complies with
division (D) of this section, the court shall enter a judgment in
favor of the plaintiff for compensatory damages for economic loss
in the amount determined pursuant to division (D)(2) of this
section, and, subject to division (F)(1) of this section, the
court shall enter a judgment in favor of the plaintiff for
compensatory damages for noneconomic loss. Except as provided in
division (B)(3) or (4) of this section, in no event shall a
judgment for compensatory damages for noneconomic loss exceed the
maximum recoverable amount that represents damages for noneconomic
loss as provided in division (B)(2) of this section. Division (B)
of this section shall be applied in a jury trial only after the
jury has made its factual findings and determination as to the
damages.
(2) Prior to the trial in the tort action described in
division (D) of this section, any party may seek summary judgment
with respect to the nature of the alleged injury or loss to person
or property, seeking a determination of the damages as described
in division (B)(2) of this section.
(F)(1) A court of common pleas has no jurisdiction to enter
judgment on an award of compensatory damages for noneconomic loss
in excess of the limits set forth in this section.
(2) If the trier of fact is a jury, the court shall not
instruct the jury with respect to the limit on compensatory
damages for noneconomic loss described in division (B)(2) of this
section, and neither counsel for any party nor a witness shall
inform the jury or potential jurors of that limit.
(G) With respect to a tort action to which division (B)(2) of
this section applies, any excess amount of compensatory damages
for noneconomic loss that is greater than the applicable amount
specified in division (B)(2) of this section shall not be
reallocated to any other tortfeasor beyond the amount of
compensatory damages that the tortfeasor would otherwise be
responsible for under the laws of this state.
(H) This section does not apply to any of the following:
(1) Tort actions that are brought against the state in the
court of claims, including, but not limited to, those actions in
which a state university or college is a defendant and to which
division (B)(3) of section 3345.40 of the Revised Code applies;
(2) Tort actions that are brought against political
subdivisions of this state and that are commenced under or are
subject to Chapter 2744. of the Revised Code. Division (C) of
section 2744.05 of the Revised Code applies to recoverable damages
in those actions.
(3) Wrongful death actions brought pursuant to Chapter 2125.
of the Revised Code.
(I) If the provisions regarding the limits on compensatory
damages for noneconomic loss set forth in division (B)(2) of this
section have been determined to be unconstitutional, then division
(C) of this section and section 2315.19 of the Revised Code shall
govern the determination of an award of compensatory damages for
noneconomic loss in a tort action.
Section 2. That existing section 2315.18 of the Revised Code
is hereby repealed.
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