Bill Text: OH HB495 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 39-0)

Status: (Introduced - Dead) 2014-03-18 - To Judiciary [HB495 Detail]

Download: Ohio-2013-HB495-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 495

Representative Pillich 

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 

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A BILL

To amend section 2315.18 of the Revised Code to

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remove the cap on the amount of compensatory

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damages that represents damages for noneconomic

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loss that is recoverable in a tort action when the

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tort action is brought by a victim of rape,

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felonious assault, aggravated assault, assault, or

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negligent assault.

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

Section 1. That section 2315.18 of the Revised Code be	8
amended to read as follows:	9

Sec. 2315.18.  (A) As used in this section and in section	10
2315.19 of the Revised Code:	11

(1) "Asbestos claim" has the same meaning as in section	12
2307.91 of the Revised Code.	13

(2) "Economic loss" means any of the following types of	14
pecuniary harm:	15

(a) All wages, salaries, or other compensation lost as a	16
result of an injury or loss to person or property that is a	17
subject of a tort action;	18

(b) All expenditures for medical care or treatment,	19
rehabilitation services, or other care, treatment, services,	20
products, or accommodations as a result of an injury or loss to	21
person or property that is a subject of a tort action;	22

(c) Any other expenditures incurred as a result of an injury	23
or loss to person or property that is a subject of a tort action,	24
other than attorney's fees incurred in connection with that	25
action.	26

(3) "Medical claim," "dental claim," "optometric claim," and	27
"chiropractic claim" have the same meanings as in section 2305.113	28
of the Revised Code.	29

(4) "Noneconomic loss" means nonpecuniary harm that results	30
from an injury or loss to person or property that is a subject of	31
a tort action, including, but not limited to, pain and suffering,	32
loss of society, consortium, companionship, care, assistance,	33
attention, protection, advice, guidance, counsel, instruction,	34
training, or education, disfigurement, mental anguish, and any	35
other intangible loss.	36

(5) "Occurrence" means all claims resulting from or arising	37
out of any one person's bodily injury.	38

(6) "Product liability claim" has the same meaning as in	39
section 2307.71 of the Revised Code.	40

(7) "Tort action" means a civil action for damages for injury	41
or loss to person or property. "Tort action" includes a civil	42
action upon a product liability claim or an asbestos claim. "Tort	43
action" does not include a civil action upon a medical claim,	44
dental claim, optometric claim, or chiropractic claim or a civil	45
action for damages for a breach of contract or another agreement	46
between persons.	47

(8) "Trier of fact" means the jury or, in a nonjury action,	48
the court.	49

(B) In a tort action to recover damages for injury or loss to	50
person or property, all of the following apply:	51

(1) There shall not be any limitation on the amount of	52
compensatory damages that represents the economic loss of the	53
person who is awarded the damages in the tort action.	54

(2) Except as otherwise provided in division (B)(3) or (4) of	55
this section, the amount of compensatory damages that represents	56
damages for noneconomic loss that is recoverable in a tort action	57
under this section to recover damages for injury or loss to person	58
or property shall not exceed the greater of two hundred fifty	59
thousand dollars or an amount that is equal to three times the	60
economic loss, as determined by the trier of fact, of the	61
plaintiff in that tort action to a maximum of three hundred fifty	62
thousand dollars for each plaintiff in that tort action or a	63
maximum of five hundred thousand dollars for each occurrence that	64
is the basis of that tort action.	65

(3) There shall not be any limitation on the amount of	66
compensatory damages that represents damages for noneconomic loss	67
that is recoverable in a tort action to recover damages for injury	68
or loss to person or property if the noneconomic losses of the	69
plaintiff are for either of the following:	70

(a) Permanent and substantial physical deformity, loss of use	71
of a limb, or loss of a bodily organ system;	72

(b) Permanent physical functional injury that permanently	73
prevents the injured person from being able to independently care	74
for self and perform life-sustaining activities.	75

(4) There shall not be any limitation on the amount of	76
compensatory damages that represents damages for noneconomic loss	77
that is recoverable in a tort action brought by the victim of the	78
offense of rape, felonious assault, aggravated assault, assault,	79
or negligent assault asserting any claim resulting from the rape,	80
felonious assault, aggravated assault, assault, or negligent	81
assault.	82

(C) In determining an award of compensatory damages for	83
noneconomic loss in a tort action, the trier of fact shall not	84
consider any of the following:	85

(1) Evidence of a defendant's alleged wrongdoing, misconduct,	86
or guilt;	87

(2) Evidence of the defendant's wealth or financial	88
resources;	89

(3) All other evidence that is offered for the purpose of	90
punishing the defendant, rather than offered for a compensatory	91
purpose.	92

(D) If a trial is conducted in a tort action to recover	93
damages for injury or loss to person or property and a plaintiff	94
prevails in that action, the court in a nonjury trial shall make	95
findings of fact, and the jury in a jury trial shall return a	96
general verdict accompanied by answers to interrogatories, that	97
shall specify all of the following:	98

(1) The total compensatory damages recoverable by the	99
plaintiff;	100

(2) The portion of the total compensatory damages that	101
represents damages for economic loss;	102

(3) The portion of the total compensatory damages that	103
represents damages for noneconomic loss.	104

(E)(1) After the trier of fact in a tort action to recover	105
damages for injury or loss to person or property complies with	106
division (D) of this section, the court shall enter a judgment in	107
favor of the plaintiff for compensatory damages for economic loss	108
in the amount determined pursuant to division (D)(2) of this	109
section, and, subject to division (F)(1) of this section, the	110
court shall enter a judgment in favor of the plaintiff for	111
compensatory damages for noneconomic loss. Except as provided in	112
division (B)(3) or (4) of this section, in no event shall a	113
judgment for compensatory damages for noneconomic loss exceed the	114
maximum recoverable amount that represents damages for noneconomic	115
loss as provided in division (B)(2) of this section. Division (B)	116
of this section shall be applied in a jury trial only after the	117
jury has made its factual findings and determination as to the	118
damages.	119

(2) Prior to the trial in the tort action described in	120
division (D) of this section, any party may seek summary judgment	121
with respect to the nature of the alleged injury or loss to person	122
or property, seeking a determination of the damages as described	123
in division (B)(2) of this section.	124

(F)(1) A court of common pleas has no jurisdiction to enter	125
judgment on an award of compensatory damages for noneconomic loss	126
in excess of the limits set forth in this section.	127

(2) If the trier of fact is a jury, the court shall not	128
instruct the jury with respect to the limit on compensatory	129
damages for noneconomic loss described in division (B)(2) of this	130
section, and neither counsel for any party nor a witness shall	131
inform the jury or potential jurors of that limit.	132

(G) With respect to a tort action to which division (B)(2) of	133
this section applies, any excess amount of compensatory damages	134
for noneconomic loss that is greater than the applicable amount	135
specified in division (B)(2) of this section shall not be	136
reallocated to any other tortfeasor beyond the amount of	137
compensatory damages that the tortfeasor would otherwise be	138
responsible for under the laws of this state.	139

(H) This section does not apply to any of the following:

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(1) Tort actions that are brought against the state in the	141
court of claims, including, but not limited to, those actions in	142
which a state university or college is a defendant and to which	143
division (B)(3) of section 3345.40 of the Revised Code applies;	144

(2) Tort actions that are brought against political	145
subdivisions of this state and that are commenced under or are	146
subject to Chapter 2744. of the Revised Code. Division (C) of	147
section 2744.05 of the Revised Code applies to recoverable damages	148
in those actions.	149

(3) Wrongful death actions brought pursuant to Chapter 2125.	150
of the Revised Code.	151

(I) If the provisions regarding the limits on compensatory	152
damages for noneconomic loss set forth in division (B)(2) of this	153
section have been determined to be unconstitutional, then division	154
(C) of this section and section 2315.19 of the Revised Code shall	155
govern the determination of an award of compensatory damages for	156
noneconomic loss in a tort action.	157

Section 2. That existing section 2315.18 of the Revised Code	158
is hereby repealed.	159