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As Introduced
136th
General Assembly
Regular
Session
S. B. No. 292
2025-2026
Senator Blessing
To
amend sections 2305.01, 2307.80, 2315.18, 2315.21, 2323.43, 2744.05,
and 3345.40 of the Revised Code
to
increase the dollar caps on noneconomic damages and punitive or
exemplary damages in civil actions and to provide a procedure for the
Department of Taxation to make annual adjustments of those caps based
on the consumer price index.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 2305.01, 2307.80, 2315.18, 2315.21, 2323.43, 2744.05, and
3345.40 of the Revised Code be amended to read as follows:
Sec.
2305.01.
Except
as otherwise provided by this section or section 2305.03 of the
Revised Code, the court of common pleas has original jurisdiction in
all civil cases in which the sum or matter in dispute exceeds the
exclusive original jurisdiction of county courts and appellate
jurisdiction from the decisions of boards of county commissioners.
The court of common pleas shall not have jurisdiction, in any tort
action to which the amounts apply, to award punitive or exemplary
damages that exceed the amounts set forth
,
or the adjusted amounts provided,
in section 2315.21 of the Revised Code. The court of common pleas
shall not have jurisdiction in any tort action to which the limits
apply to enter judgment on an award of compensatory damages for
noneconomic loss in excess of the limits set forth
,
or the adjusted amounts of the limits provided,
in section 2315.18 of the Revised Code.
The
court of common pleas may on its own motion transfer for trial any
action in the court to any municipal court in the county having
concurrent jurisdiction of the subject matter of, and the parties to,
the action, if the amount sought by the plaintiff does not exceed one
thousand dollars and if the judge or presiding judge of the municipal
court concurs in the proposed transfer. Upon the issuance of an order
of transfer, the clerk of courts shall remove to the designated
municipal court the entire case file. Any untaxed portion of the
common pleas deposit for court costs shall be remitted to the
municipal court by the clerk of courts to be applied in accordance
with section 1901.26 of the Revised Code, and the costs taxed by the
municipal court shall be added to any costs taxed in the common pleas
court.
The
court of common pleas has jurisdiction in any action brought pursuant
to division (I) of section 4781.40 of the Revised Code if the
residential premises that are the subject of the action are located
within the territorial jurisdiction of the court.
The
courts of common pleas of Adams, Athens, Belmont, Brown, Clermont,
Columbiana, Gallia, Hamilton, Jefferson, Lawrence, Meigs, Monroe,
Scioto, and Washington counties have jurisdiction beyond the north or
northwest shore of the Ohio river extending to the opposite shore
line, between the extended boundary lines of any adjacent counties or
adjacent state. Each of those courts of common pleas has concurrent
jurisdiction on the Ohio river with any adjacent court of common
pleas that borders on that river and with any court of Kentucky or of
West Virginia that borders on the Ohio river and that has
jurisdiction on the Ohio river under the law of Kentucky or the law
of West Virginia, whichever is applicable, or under federal law.
Sec.
2307.80.
(A)
Subject to divisions (C) and (D) of this section, punitive or
exemplary damages shall not be awarded against a manufacturer or
supplier in question in connection with a product liability claim
unless the claimant establishes, by clear and convincing evidence,
that harm for which the claimant is entitled to recover compensatory
damages in accordance with section 2307.73 or 2307.78 of the Revised
Code was the result of misconduct of the manufacturer or supplier in
question that manifested a flagrant disregard of the safety of
persons who might be harmed by the product in question. The fact by
itself that a product is defective does not establish a flagrant
disregard of the safety of persons who might be harmed by that
product.
(B)
Whether the trier of fact is a jury or the court, if the trier of
fact determines that a manufacturer or supplier in question is liable
for punitive or exemplary damages in connection with a product
liability claim, the amount of those damages shall be determined by
the court. In determining the amount of punitive or exemplary
damages, the court shall consider factors including, but not limited
to, the following:
(1)
The likelihood that serious harm would arise from the misconduct of
the manufacturer or supplier in question;
(2)
The degree of the awareness of the manufacturer or supplier in
question of that likelihood;
(3)
The profitability of the misconduct to the manufacturer or supplier
in question;
(4)
The duration of the misconduct and any concealment of it by the
manufacturer or supplier in question;
(5)
The attitude and conduct of the manufacturer or supplier in question
upon the discovery of the misconduct and whether the misconduct has
terminated;
(6)
The financial condition of the manufacturer or supplier in question;
(7)
The total effect of other punishment imposed or likely to be imposed
upon the manufacturer or supplier in question as a result of the
misconduct, including awards of punitive or exemplary damages to
persons similarly situated to the claimant and the severity of
criminal penalties to which the manufacturer or supplier in question
has been or is likely to be subjected.
(C)(1)
Except as provided in division (C)(2) of this section, if a claimant
alleges in a product liability claim that a drug or device caused
harm to the claimant, the manufacturer of the drug or device shall
not be liable for punitive or exemplary damages in connection with
that product liability claim if the drug or device that allegedly
caused the harm satisfies either of the following:
(a)
It was manufactured and labeled in relevant and material respects in
accordance with the terms of an approval or license issued by the
federal food and drug administration under the "Federal Food,
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.
301-392, as amended, or the "Public Health Service Act," 58
Stat. 682 (1944), 42 U.S.C. 201-300cc-15, as amended.
(b)
It was an over-the-counter drug marketed pursuant to federal
regulations, was generally recognized as safe and effective and as
not being misbranded pursuant to the applicable federal regulations,
and satisfied in relevant and material respects each of the
conditions contained in the applicable regulations and each of the
conditions contained in an applicable monograph.
(2)
Division (C)(1) of this section does not apply if the claimant
establishes, by a preponderance of the evidence, that the
manufacturer fraudulently and in violation of applicable regulations
of the food and drug administration withheld from the food and drug
administration information known to be material and relevant to the
harm that the claimant allegedly suffered or misrepresented to the
food and drug administration information of that type.
(3)
For purposes of divisions (C) and (D) of this section:
(a)
"Drug" has the same meaning as in the "Federal Food,
Drug, and Cosmetic Act," 52 Stat. 1040, 1041 (1938), 21 U.S.C.
321(g)(1), as amended.
(b)
"Device" has the same meaning as in the "Federal Food,
Drug, and Cosmetic Act," 52 Stat. 1040, 1041 (1938), 21 U.S.C.
321(h), as amended.
(D)(1)
If a claimant alleges in a product liability claim that a product
other than a drug or device caused harm to the claimant, the
manufacturer or supplier of the product shall not be liable for
punitive or exemplary damages in connection with the claim if the
manufacturer or supplier fully complied with all applicable
government safety and performance standards, whether or not
designated as such by the government, relative to the product's
manufacture or construction, the product's design or formulation,
adequate warnings or instructions, and representations when the
product left the control of the manufacturer or supplier, and the
claimant's injury results from an alleged defect of a product's
manufacture or construction, the product's design or formulation,
adequate warnings or instructions, and representations for which
there is an applicable government safety or performance standard.
(2)
Division (D)(1) of this section does not apply if the claimant
establishes, by a preponderance of the evidence, that the
manufacturer or supplier of the product other than a drug or device
fraudulently and in violation of applicable government safety and
performance standards, whether or not designated as such by the
government, withheld from an applicable government agency information
known to be material and relevant to the harm that the claimant
allegedly suffered or misrepresented to an applicable government
agency information of that type.
(E)
The bifurcated trial provisions of division (B) of section 2315.21 of
the Revised Code, the ceiling on recoverable punitive or exemplary
damages specified in
division
(D)(1)
divisions
(D)(2) and (3)
of
that section, and the provisions of division
(D)(3)
(D)(4)
of
that section apply to awards of punitive or exemplary damages under
this section.
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, a
civil action based on an unlawful discriminatory practice relating to
employment brought under section 4112.052 of the Revised Code, and a
civil action brought under section 4112.14 of the Revised Code. "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) of this section
and subject to division (B)(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
four
hundred fifteen
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
five
hundred eighty
thousand
dollars for each plaintiff in that tort action or a maximum of
five
hundred
eight
hundred thirty
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)(a)
In January of each year, the department of taxation, in accordance
with this division and division (B)(4)(b) of this section, shall
adjust each of the actual dollar figures specified in division (B)(2)
of this section or each of the actual dollar amounts determined
pursuant to this division and division (B)(4)(b) of this section. The
adjustment shall be based on the percentage increase in the consumer
price index as determined by the United States bureau of labor
statistics (U.S. city average, all urban consumers) for the
twelve-month period ending on the thirtieth day of June of the
immediately preceding calendar year. If the consumer price index for
that period did not increase, no increase shall be made under this
division and division (B)(4)(b) of this section.
(b)
The department of taxation shall calculate the adjustments under
division (B)(4)(a) of this section on or before the thirty-first day
of January of each calendar year. The first adjustments shall be made
in January following one year after the effective date of this
amendment.
(c)
The department of taxation shall certify the calculations made under
division (B)(4)(b) of this section on or before the thirty-first day
of January of each calendar year.
(d)
On or before the fifteenth day of February of each year, the
department of taxation shall prepare a report setting forth the
amounts of the adjustments calculated under divisions (B)(4)(a) and
(b) of this section and certified under division (B)(4)(c) of this
section.
(e)
The report shall contain an indication of the period in which the
calculated amounts apply, a summary of how the amounts were
calculated, and a statement that the report and all related documents
are available for inspection and copying at the office of the
department of taxation.
(f)
On or before the fifteenth day of February of each year, the
department of taxation shall transmit the report to the general
assembly.
(g)
On the fifteenth day of February of each year, each of the dollar
amounts of the adjustments set forth in the report of the department
of taxation under division (B)(4)(d) of this section shall replace
each corresponding dollar figure set forth in division (B)(2) of this
section or each of the corresponding actual dollar amounts determined
pursuant to divisions (B)(4)(a) and (b) of this section, whichever is
applicable, for the period in which the calculated amounts apply as
indicated in the report of the department of taxation under division
(B)(4)(e) of this section.
(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) 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
or as adjusted and calculated as provided in division (B)(4) 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
or as adjusted and calculated as provided in division (B)(4) 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
,
or the adjustments and calculations provided,
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
or adjusted and calculated as provided in division (B)(4) 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
divisions
(B)(2)
and
(4)
of
this section
applies
apply
,
any excess amount of compensatory damages for noneconomic loss that
is greater than the applicable amount specified in division (B)(2) of
this section
or the applicable amount of the adjustment and calculation as
provided in division (B)(4) 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
divisions
(B)(3)
and (4)
of section 3345.40 of the Revised Code
applies
apply
;
(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
or
adjusted and calculated under division (B)(4) 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.
Sec.
2315.21.
(A)
As used in this section:
(1)
"Tort action" means a civil action for damages for injury
or loss to person or property.
(a)
"Tort action" includes all of the following:
(i)
A product liability claim for damages for injury or loss to person or
property that is subject to sections 2307.71 to 2307.80 of the
Revised Code;
(ii)
A civil action based on an unlawful discriminatory practice relating
to employment brought under section 4112.052 of the Revised Code;
(iii)
A civil action brought under section 4112.14 of the Revised Code.
(b)
"Tort action" does not include a civil action for damages
for a breach of contract or another agreement between persons.
(2)
"Trier of fact" means the jury or, in a nonjury action, the
court.
(3)
"Home" has the same meaning as in section 3721.10 of the
Revised Code.
(4)
"Employer" includes, but is not limited to, a parent,
subsidiary, affiliate, division, or department of the employer. If
the employer is an individual, the individual shall be considered an
employer under this section only if the subject of the tort action is
related to the individual's capacity as an employer.
(5)
"Small employer" means an employer who employs not more
than one hundred persons on a full-time permanent basis, or, if the
employer is classified as being in the manufacturing sector by the
North American industrial classification system, "small
employer" means an employer who employs not more than five
hundred persons on a full-time permanent basis.
(B)(1)
In a tort action that is tried to a jury and in which a plaintiff
makes a claim for compensatory damages and a claim for punitive or
exemplary damages, upon the motion of any party, the trial of the
tort action shall be bifurcated as follows:
(a)
The initial stage of the trial shall relate only to the presentation
of evidence, and a determination by the jury, with respect to whether
the plaintiff is entitled to recover compensatory damages for the
injury or loss to person or property from the defendant. During this
stage, no party to the tort action shall present, and the court shall
not permit a party to present, evidence that relates solely to the
issue of whether the plaintiff is entitled to recover punitive or
exemplary damages for the injury or loss to person or property from
the defendant.
(b)
If the jury determines in the initial stage of the trial that the
plaintiff is entitled to recover compensatory damages for the injury
or loss to person or property from the defendant, evidence may be
presented in the second stage of the trial, and a determination by
that jury shall be made, with respect to whether the plaintiff
additionally is entitled to recover punitive or exemplary damages for
the injury or loss to person or property from the defendant.
(2)
In a tort action that is tried to a jury and in which a plaintiff
makes a claim for both compensatory damages and punitive or exemplary
damages, the court shall instruct the jury to return, and the jury
shall return, a general verdict and, if that verdict is in favor of
the plaintiff, answers to an interrogatory that specifies the total
compensatory damages recoverable by the plaintiff from each
defendant.
(3)
In a tort action that is tried to a court and in which a plaintiff
makes a claim for both compensatory damages and punitive or exemplary
damages, the court shall make its determination with respect to
whether the plaintiff is entitled to recover compensatory damages for
the injury or loss to person or property from the defendant and, if
that determination is in favor of the plaintiff, shall make findings
of fact that specify the total compensatory damages recoverable by
the plaintiff from the defendant.
(C)
Subject to division (E) of this section, punitive or exemplary
damages are not recoverable from a defendant in question in a tort
action unless both of the following apply:
(1)
The actions or omissions of that defendant demonstrate malice or
aggravated or egregious fraud, or that defendant as principal or
master knowingly authorized, participated in, or ratified actions or
omissions of an agent or servant that so demonstrate.
(2)
The trier of fact has returned a verdict or has made a determination
pursuant to division (B)(2) or (3) of this section of the total
compensatory damages recoverable by the plaintiff from that
defendant.
(D)(1)
In a tort action, the trier of fact shall determine the liability of
any defendant for punitive or exemplary damages and the amount of
those damages.
(2)
Except as provided in division
(D)(6)
(D)(7)
of
this section, all of the following apply regarding any award of
punitive or exemplary damages in a tort action:
(a)
The court shall not enter judgment for punitive or exemplary damages
in excess of two times the amount of the compensatory damages awarded
to the plaintiff from that defendant, as determined pursuant to
division (B)(2) or (3) of this section.
(b)
If
Subject
to division (D)(3) of this section, if
the
defendant is a small employer or individual, the court shall not
enter judgment for punitive or exemplary damages in excess of the
lesser of two times the amount of the compensatory damages awarded to
the plaintiff from the defendant or ten per cent of the employer's or
individual's net worth when the tort was committed up to a maximum of
three
hundred fifty
five
hundred eighty
thousand
dollars, as determined pursuant to division (B)(2) or (3) of this
section.
(c)
Any attorney's fees awarded as a result of a claim for punitive or
exemplary damages shall not be considered for purposes of determining
the cap on punitive damages.
(3)
(3)(a)
In January of each year, the department of taxation, in accordance
with this division and division (D)(3)(b) of this section, shall
adjust the actual dollar figure specified in division (D)(2)(b) of
this section or the actual dollar amount determined pursuant to this
division and division (D)(3)(b) of this section. The adjustment shall
be based on the percentage increase in the consumer price index as
determined by the United States bureau of labor statistics (U.S. city
average, all urban consumers) for the twelve-month period ending on
the thirtieth day of June of the immediately preceding calendar year.
If the consumer price index for that period did not increase, no
increase shall be made under this division and division (D)(3)(b) of
this section.
(b)
The department of taxation shall calculate the adjustment under
division (D)(3)(a) of this section on or before the thirty-first day
of January of each calendar year. The first adjustment shall be made
in January following one year after the effective date of this
amendment.
(c)
The department of taxation shall certify the calculation made under
division (D)(3)(b) of this section on or before the thirty-first day
of January of each calendar year.
(d)
On or before the fifteenth day of February of each year, the
department of taxation shall prepare a report setting forth the
amount of the adjustment calculated under divisions (D)(3)(a) and (b)
of this section and certified under division (D)(3)(c) of this
section.
(e)
The report shall contain an indication of the period in which the
calculated amount applies, a summary of how the amount was
calculated, and a statement that the report and all related documents
are available for inspection and copying at the office of the
department of taxation.
(f)
On or before the fifteenth day of February of each year, the
department of taxation shall transmit the report to the general
assembly.
(g)
On the fifteenth day of February of each year, the dollar amount of
the adjustment set forth in the report of the department of taxation
under division (D)(3)(d) of this section shall replace the dollar
figure set forth in division (D)(2)(b) of this section or the actual
dollar amount determined pursuant to divisions (D)(3)(a) and (b) of
this section, whichever is applicable, for the period in which the
calculated amount applies as indicated in the report of the
department of taxation under division (D)(3)(e) of this section.
(4)
No award of prejudgment interest under division (C)(1) of section
1343.03 of the Revised Code shall include any prejudgment interest on
punitive or exemplary damages found by the trier of fact.
(4)
(5)
In
a tort action, the burden of proof shall be upon a plaintiff in
question, by clear and convincing evidence, to establish that the
plaintiff is entitled to recover punitive or exemplary damages.
(5)(a)
(6)(a)
In
any tort action, except as provided in division
(D)(5)(b)
(D)(6)(b)
or
(6)
(7)
of
this section, punitive or exemplary damages shall not be awarded
against a defendant if that defendant files with the court a
certified judgment, judgment entries, or other evidence showing that
punitive or exemplary damages have already been awarded and have been
collected, in any state or federal court, against that defendant
based on the same act or course of conduct that is alleged to have
caused the injury or loss to person or property for which the
plaintiff seeks compensatory damages and that the aggregate of those
previous punitive or exemplary damage awards exceeds the maximum
amount of punitive or exemplary damages that may be awarded under
division (D)(2) of this section
or
under the adjustment of that maximum amount as provided in division
(D)(3) of this section,
against
that defendant in the tort action.
(b)
Notwithstanding division
(D)(5)(a)
(D)(6)(a)
of
this section and except as provided in division
(D)(6)
(D)(7)
of
this section, punitive or exemplary damages may be awarded against a
defendant in either of the following types of tort actions:
(i)
In subsequent tort actions involving the same act or course of
conduct for which punitive or exemplary damages have already been
awarded, if the court determines by clear and convincing evidence
that the plaintiff will offer new and substantial evidence of
previously undiscovered, additional behavior of a type described in
division (C) of this section on the part of that defendant, other
than the injury or loss for which the plaintiff seeks compensatory
damages. In that case, the court shall make specific findings of fact
in the record to support its conclusion. The court shall reduce the
amount of any punitive or exemplary damages otherwise awardable
pursuant to this section by the sum of the punitive or exemplary
damages awards previously rendered against that defendant in any
state or federal court. The court shall not inform the jury about the
court's determination and action under division
(D)(5)(b)(i)
(D)(6)(b)(i)
of
this section.
(ii)
In subsequent tort actions involving the same act or course of
conduct for which punitive or exemplary damages have already been
awarded, if the court determines by clear and convincing evidence
that the total amount of prior punitive or exemplary damages awards
was totally insufficient to punish that defendant's behavior of a
type described in division (C) of this section and to deter that
defendant and others from similar behavior in the future. In that
case, the court shall make specific findings of fact in the record to
support its conclusion. The court shall reduce the amount of any
punitive or exemplary damages otherwise awardable pursuant to this
section by the sum of the punitive or exemplary damages awards
previously rendered against that defendant in any state or federal
court. The court shall not inform the jury about the court's
determination and action under division
(D)(5)(b)(ii)
(D)(6)(b)(ii)
of
this section.
(6)
(7)
Division
(D)(2) of this section does not apply to a tort action where the
alleged injury, death, or loss to person or property resulted from
the defendant acting with one or more of the culpable mental states
of purposely and knowingly as described in section 2901.22 of the
Revised Code and when the defendant has been convicted of or pleaded
guilty to a criminal offense that is a felony, that had as an element
of the offense one or more of the culpable mental states of purposely
and knowingly as described in that section, and that is the basis of
the tort action.
(E)
This section does not apply to tort actions against the state in the
court of claims, including, but not limited to, tort actions against
a state university or college that are subject to division (B)(1) of
section 3345.40 of the Revised Code, to tort actions against
political subdivisions of this state that are commenced under or are
subject to Chapter 2744. of the Revised Code, or to the extent that
another section of the Revised Code expressly provides any of the
following:
(1)
Punitive or exemplary damages are recoverable from a defendant in
question in a tort action on a basis other than that the actions or
omissions of that defendant demonstrate malice or aggravated or
egregious fraud or on a basis other than that the defendant in
question as principal or master knowingly authorized, participated
in, or ratified actions or omissions of an agent or servant that so
demonstrate.
(2)
Punitive or exemplary damages are recoverable from a defendant in
question in a tort action irrespective of whether the plaintiff in
question has adduced proof of actual damages.
(3)
The burden of proof upon a plaintiff in question to recover punitive
or exemplary damages from a defendant in question in a tort action is
one other than clear and convincing evidence.
(4)
Punitive or exemplary damages are not recoverable from a defendant in
question in a tort action.
(F)
If the trier of fact is a jury, the court shall not instruct the jury
with respect to the limits on punitive or exemplary damages pursuant
to division (D) of this section, and neither counsel for any party or
a witness shall inform the jury or potential jurors of those limits.
(G)
When determining the amount of an award of punitive or exemplary
damages against either a home or a residential facility licensed
under section 5123.19 of the Revised Code, the trier of fact shall
consider all of the following:
(1)
The ability of the home or residential facility to pay the award of
punitive or exemplary damages based on the home's or residential
facility's assets, income, and net worth;
(2)
Whether the amount of punitive or exemplary damages is sufficient to
deter future tortious conduct;
(3)
The financial ability of the home or residential facility, both
currently and in the future, to provide accommodations, personal care
services, and skilled nursing care.
Sec.
2323.43.
(A)
In a civil action upon a medical, dental, optometric, or chiropractic
claim to recover damages for injury, death, or loss to person or
property, all of the following apply:
(1)
There shall not be any limitation on compensatory damages that
represent the economic loss of the person who is awarded the damages
in the civil action.
(2)
Except as otherwise provided in division (A)(3) of this section
and subject to division (A)(4) of this section
,
the amount of compensatory damages that represents damages for
noneconomic loss that is recoverable in a civil action under this
section to recover damages for injury, death, or loss to person or
property shall not exceed the greater of
two
hundred fifty
four
hundred fifteen
thousand
dollars or an amount that is equal to three times the plaintiff's
economic loss, as determined by the trier of fact, to a maximum of
three
hundred fifty
five
hundred eighty
thousand
dollars for each plaintiff or a maximum of
five
hundred
eight
hundred thirty
thousand
dollars for each occurrence.
(3)
The
amount recoverable for noneconomic loss in a civil action under this
section may exceed the amount described in division (A)(2) of this
section but shall not exceed five hundred thousand dollars for each
plaintiff or one million dollars for each occurrence
There
shall not be any limitation on the amount of compensatory damages
that represents damages for noneconomic loss that is recoverable in a
civil action under this section
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)(a)
In January of each year, the department of taxation, in accordance
with this division and division (A)(4)(b) of this section, shall
adjust each of the actual dollar figures specified in division (A)(2)
of this section or each of the actual dollar amounts determined
pursuant to this division and division (A)(4)(b) of this section. The
adjustment shall be based on the percentage increase in the consumer
price index as determined by the United States bureau of labor
statistics (U.S. city average, all urban consumers) for the
twelve-month period ending on the thirtieth day of June of the
immediately preceding calendar year. If the consumer price index for
that period did not increase, no increase shall be made under this
division and division (A)(4)(b) of this section.
(b)
The department of taxation shall calculate the adjustments under
division (A)(4)(a) of this section on or before the thirty-first day
of January of each calendar year. The first adjustments shall be made
in January following one year after the effective date of this
amendment.
(c)
The department of taxation shall certify the calculations made under
division (A)(4)(b) of this section on or before the thirty-first day
of January of each calendar year.
(d)
On or before the fifteenth day of February of each year, the
department of taxation shall prepare a report setting forth the
amounts of the adjustments calculated under divisions (A)(4)(a) and
(b) of this section and certified under division (A)(4)(c) of this
section.
(e)
The report shall contain an indication of the period in which the
calculated amounts apply, a summary of how the amounts were
calculated, and a statement that the report and all related documents
are available for inspection and copying at the office of the
department of taxation.
(f)
On or before the fifteenth day of February of each year, the
department of taxation shall transmit the report to the general
assembly.
(g)
On the fifteenth day of February of each year, each of the dollar
amounts of the adjustments set forth in the report of the department
of taxation under division (A)(4)(d) of this section shall replace
each corresponding dollar figure set forth in division (A)(2) of this
section and the corresponding actual dollar amount determined
pursuant to divisions (A)(4)(a) and (b) of this section, whichever is
applicable, for the period in which the calculated amounts apply as
indicated in the report of the department of taxation under division
(A)(4)(e) of this section.
(B)
If a trial is conducted in a civil action upon a medical, dental,
optometric, or chiropractic claim to recover damages for injury,
death, or loss to person or property and a plaintiff prevails with
respect to that claim, 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.
(C)(1)
After the trier of fact in a civil action upon a medical, dental,
optometric, or chiropractic claim to recover damages for injury,
death, or loss to person or property complies with division (B) 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 (B)(2) of this section, and, subject
to division (D)(1) of this section, the court shall enter a judgment
in favor of the plaintiff for compensatory damages for noneconomic
loss. 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
divisions
division
(A)(2)
and
(3)
of
this section
or as adjusted and calculated as provided in division (A)(4) of this
section
.
Division (A) 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 civil action, 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 (A)(2) or (3) of this section
or as adjusted and calculated as provided in division (A)(4) of this
section
.
(D)(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
,
or the adjustments and calculations provided,
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
divisions
division
(A)(2)
and
(3)
of
this section
or as adjusted and calculated as provided in division (A)(4) of this
section
,
and neither counsel for any party nor a witness shall inform the jury
or potential jurors of that limit.
(E)
Any excess amount of compensatory damages for noneconomic loss that
is greater than the applicable amount specified in division (A)(2)
or
(3)
of
this section
or the applicable amount of the adjustment and calculation as
provided in division (A)(4) of this section
shall not be reallocated to any other tortfeasor beyond the amount of
compensatory damages that that tortfeasor would otherwise be
responsible for under the laws of this state.
(F)(1)
If pursuant to a contingency fee agreement between an attorney and a
plaintiff in a civil action upon a medical claim, dental claim,
optometric claim, or chiropractic claim, the amount of the attorney's
fees exceed the applicable amount of the limits on compensatory
damages for noneconomic loss as provided in division (A)(2)
or
(3)
of
this section
or as adjusted and calculated as provided in division (A)(4) of this
section
,
the attorney shall make an application in the probate court of the
county in which the civil action was commenced or in which the
settlement was entered. The application shall contain a statement of
facts, including the amount to be allocated to the settlement of the
claim, the amount of the settlement or judgment that represents the
compensatory damages for economic loss and noneconomic loss, the
relevant provision in the contingency fee agreement, and the dollar
amount of the attorney's fees under the contingency fee agreement.
The application shall include the proposed distribution of the amount
of the judgment or settlement.
(2)
The attorney shall give written notice of the hearing and a copy of
the application to all interested persons who have not waived notice
of the hearing. Notwithstanding the waivers and consents of the
interested persons, the probate court shall retain jurisdiction over
the settlement, allocation, and distribution of the claim.
(3)
The application shall state the arrangements, if any, that have been
made with respect to the attorney's fees. The attorney's fees shall
be subject to the approval of the probate court.
(G)
This section does not apply to any of the following:
(1)
Civil actions upon a medical, dental, optometric, or chiropractic
claim 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
divisions
(B)(3)
and
(4)
of
section 3345.40 of the Revised Code
applies
apply
;
(2)
Civil actions upon a medical, dental, optometric, or chiropractic
claim 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.
(H)
As used in this section:
(1)
"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, death, or loss to person or property that is a subject of a
civil action upon a medical, dental, optometric, or chiropractic
claim;
(b)
All expenditures for medical care or treatment, rehabilitation
services, or other care, treatment, services, products, or
accommodations as a result of an injury, death, or loss to person or
property that is a subject of a civil action upon a medical, dental,
optometric, or chiropractic claim;
(c)
Any other expenditures incurred as a result of an injury, death, or
loss to person or property that is a subject of a civil action upon a
medical, dental, optometric, or chiropractic claim, other than
attorney's fees incurred in connection with that action.
(2)
"Medical claim,
"
"
dental
claim," "optometric claim," and "chiropractic
claim" have the same meanings as in section 2305.113 of the
Revised Code.
(3)
"Noneconomic loss" means nonpecuniary harm that results
from an injury, death, or loss to person or property that is a
subject of a civil action upon a medical, dental, optometric, or
chiropractic claim, 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.
(4)
"Trier of fact" means the jury or, in a nonjury action, the
court.
Sec.
2744.05.
Notwithstanding
any other provisions of the Revised Code or rules of a court to the
contrary, in an action against a political subdivision to recover
damages for injury, death, or loss to person or property caused by an
act or omission in connection with a governmental or proprietary
function:
(A)
Punitive or exemplary damages shall not be awarded.
(B)(1)
If a claimant receives or is entitled to receive benefits for
injuries or loss allegedly incurred from a policy or policies of
insurance or any other source, the benefits shall be disclosed to the
court, and the amount of the benefits shall be deducted from any
award against a political subdivision recovered by that claimant. No
insurer or other person is entitled to bring an action under a
subrogation provision in an insurance or other contract against a
political subdivision with respect to those benefits.
The
amount of the benefits shall be deducted from an award against a
political subdivision under division (B)(1) of this section
regardless of whether the claimant may be under an obligation to pay
back the benefits upon recovery, in whole or in part, for the claim.
A claimant whose benefits have been deducted from an award under
division (B)(1) of this section is not considered fully compensated
and shall not be required to reimburse a subrogated claim for
benefits deducted from an award pursuant to division (B)(1) of this
section.
(2)
Nothing in division (B)(1) of this section shall be construed to do
either of the following:
(a)
Limit the rights of a beneficiary under a life insurance policy or
the rights of sureties under fidelity or surety bonds;
(b)
Prohibit the department of medicaid from recovering from the
political subdivision, pursuant to section 5160.37 of the Revised
Code, the cost of medical assistance provided under a medical
assistance program.
(C)(1)
There shall not be any limitation on compensatory damages that
represent the actual loss of the person who is awarded the damages.
However, except in wrongful death actions brought pursuant to Chapter
2125. of the Revised Code,
and
subject to division (C)(2) of this section,
damages
that arise from the same cause of action, transaction or occurrence,
or series of transactions or occurrences and that do not represent
the actual loss of the person who is awarded the damages shall not
exceed
two
hundred fifty
four
hundred fifteen
thousand
dollars in favor of any one person. The limitation on damages that do
not represent the actual loss of the person who is awarded the
damages provided in this division does not apply to court costs that
are awarded to a plaintiff, or to interest on a judgment rendered in
favor of a plaintiff, in an action against a political subdivision.
(2)
(2)(a)
In January of each year, the department of taxation, in accordance
with this division and division (C)(2)(b) of this section, shall
adjust the dollar figure specified in division (C)(1) of this section
or the actual dollar amount determined pursuant to this division and
division (C)(2)(b) of this section. The adjustment shall be based on
the percentage increase in the consumer price index as determined by
the United States bureau of labor statistics (U.S. city average, all
urban consumers) for the twelve-month period ending on the thirtieth
day of June of the immediately preceding calendar year. If the
consumer price index for that period did not increase, no increase
shall be made under this division and division (C)(2)(b) of this
section.
(b)
The department of taxation shall calculate the adjustment under
division (C)(2)(a) of this section on or before the thirty-first day
of January of each calendar year. The first adjustment shall be made
in January following one year after the effective date of this
amendment.
(c)
The department of taxation shall certify the calculation made under
division (C)(2)(b) of this section on or before the thirty-first day
of January of each calendar year.
(d)
On or before the fifteenth day of February of each year, the
department of taxation shall prepare a report setting forth the
amount of the adjustment calculated under divisions (C)(2)(a) and (b)
of this section and certified under division (C)(2)(c) of this
section.
(e)
The report shall contain an indication of the period in which the
calculated amount applies, a summary of how the amount was
calculated, and a statement that the report and all related documents
are available for inspection and copying at the office of the
department of taxation.
(f)
On or before the fifteenth day of February of each year, the
department of taxation shall transmit the report to the general
assembly.
(g)
On the fifteenth day of February of each year, the dollar amount of
the adjustment set forth in the report of the department of taxation
under division (C)(2)(d) of this section shall replace the dollar
figure set forth in division (C)(1) of this section or the actual
dollar amount determined pursuant to division (C)(2)(a) and (b) of
this section, whichever is applicable, for the period in which the
calculated amount applies as indicated in the report of the
department of taxation under division (C)(2)(e) of this section.
(3)
As used in this division, "the actual loss of the person who is
awarded the damages" includes all of the following:
(a)
All wages, salaries, or other compensation lost by the person injured
as a result of the injury, including wages, salaries, or other
compensation lost as of the date of a judgment and future expected
lost earnings of the person injured;
(b)
All expenditures of the person injured or another person on behalf of
the person injured for medical care or treatment, for rehabilitation
services, or for other care, treatment, services, products, or
accommodations that were necessary because of the injury;
(c)
All expenditures to be incurred in the future, as determined by the
court, by the person injured or another person on behalf of the
person injured for medical care or treatment, for rehabilitation
services, or for other care, treatment, services, products, or
accommodations that will be necessary because of the injury;
(d)
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 that
was injured or destroyed;
(e)
All expenditures of the person injured or of the person whose
property was injured or destroyed or of another person on behalf of
the person injured or of the person whose property was injured or
destroyed in relation to the actual preparation or presentation of
the claim involved;
(f)
Any other expenditures of the person injured or of the person whose
property was injured or destroyed or of another person on behalf of
the person injured or of the person whose property was injured or
destroyed that the court determines represent an actual loss
experienced because of the personal or property injury or property
loss.
"The
actual loss of the person who is awarded the damages" does not
include any fees paid or owed to an attorney for any services
rendered in relation to a personal or property injury or property
loss, and does not include any damages awarded for pain and
suffering, for the loss of society, consortium, companionship, care,
assistance, attention, protection, advice, guidance, counsel,
instruction, training, or education of the person injured, for mental
anguish, or for any other intangible loss.
Sec.
3345.40.
(A)
As used in this section:
(1)
"State university or college" has the same meaning as in
division (A)(1) of section 3345.12 of the Revised Code.
(2)(a)
"The actual loss of the person who is awarded the damages"
includes all of the following:
(i)
All wages, salaries, or other compensation lost by an injured person
as a result of the injury, including wages, salaries, or other
compensation lost as of the date of a judgment and future expected
lost earnings of the injured person;
(ii)
All expenditures of an injured person or of another person on behalf
of an injured person for medical care or treatment, for
rehabilitation services, or for other care, treatment, services,
products, or accommodations that were necessary because of the
injury;
(iii)
All expenditures to be incurred in the future, as determined by the
court, by an injured person or by another person on behalf of an
injured person for medical care or treatment, for rehabilitation
services, or for other care, treatment, services, products, or
accommodations that will be necessary because of the injury;
(iv)
All expenditures of a person whose property was injured or destroyed,
or of another person on behalf of such a person, in order to repair
or replace the property that was injured or destroyed;
(v)
All expenditures of an injured person, of a person whose property was
injured or destroyed, or of another person on behalf of an injured
person or a person whose property was injured or destroyed, in
relation to the actual preparation or presentation of the claim of
the person;
(vi)
Any other expenditures of an injured person, of a person whose
property was injured or destroyed, or of another person on behalf of
an injured person or a person whose property was injured or
destroyed, that the court determines represent an actual loss
experienced because of the personal or property injury or property
loss.
(b)
"The actual loss of the person who is awarded the damages"
does not include either of the following:
(i)
Any fees paid or owed to an attorney for any services rendered in
relation to a person or property injury or property loss;
(ii)
Any damages awarded for pain and suffering, for the loss of society,
consortium, companionship, care, assistance, attention, protection,
advice, guidance, counsel, instruction, training, or education of an
injured person, for mental anguish, or for any other intangible loss.
(B)
Notwithstanding any other provision of the Revised Code or rules of a
court to the contrary, in an action against a state university or
college to recover damages for injury, death, or loss to persons or
property caused by an act or omission of the state university or
college itself, by an act or omission of any trustee, officer, or
employee of the state university or college while acting within the
scope of
his
employment or official responsibilities, or by an act or omission of
any other person authorized to act on behalf of the state university
or college that occurred while
he
the person
was engaged in activities at the request or direction, or for the
benefit, of the state university or college, the following rules
shall apply:
(1)
Punitive or exemplary damages shall not be awarded;
(2)
If a plaintiff receives or is entitled to receive benefits for
injuries or loss allegedly incurred from a policy or policies of
insurance or any other source, the benefits shall be disclosed to the
court, and the amount of the benefits shall be deducted from any
award against the state university or college recovered by the
plaintiff. No insurer or other person is entitled to bring a civil
action under a subrogation provision in an insurance or other
contract against a state university or college with respect to such
benefits.
Nothing
in this division affects or shall be construed to limit the rights of
a beneficiary under a life insurance policy or the rights of sureties
under fidelity or surety bonds.
(3)
There shall not be any limitation on compensatory damages that
represent the actual loss of the person who is awarded the damages.
However, except in wrongful death actions brought pursuant to Chapter
2125. of the Revised Code,
and
subject to division (B)(4) of this section,
damages
that arise from the same cause of action, transaction or occurrence,
or series of transactions or occurrences and that do not represent
the actual loss of the person who is awarded the damages shall not
exceed
two
hundred fifty
four
hundred fifteen
thousand
dollars in favor of any one person. The limitation on damages that do
not represent the actual loss of the person who is awarded the
damages provided in this division does not apply to court costs that
are awarded to a plaintiff, or to interest on a judgment rendered in
favor of a plaintiff, in an action against a state university or
college
.
(4)(a)
In January of each year, the department of taxation, in accordance
with this division and division (B)(4)(b) of this section, shall
adjust the dollar figure specified in division (B)(3) of this section
or the actual dollar amount determined pursuant to this division and
division (B)(4)(b) of this section. The adjustment shall be based on
the percentage increase in the consumer price index as determined by
the United States bureau of labor statistics (U.S. city average, all
urban consumers) for the twelve-month period ending on the thirtieth
day of June of the immediately preceding calendar year. If the
consumer price index for that period did not increase, no increase
shall be made under this division and division (B)(4)(b) of this
section.
(b)
The department of taxation shall calculate the adjustment under
division (B)(4)(a) of this section on or before the thirty-first day
of January of each calendar year. The first adjustment shall be made
in January following one year after the effective date of this
amendment.
(c)
The department of taxation shall certify the calculation made under
division (B)(4)(b) of this section on or before the thirty-first day
of January of each calendar year.
(d)
On or before the fifteenth day of February of each year, the
department of taxation shall prepare a report setting forth the
amount of the adjustment calculated under divisions (B)(4)(a) and (b)
of this section and certified under division (B)(4)(c) of this
section.
(e)
The report shall contain an indication of the period in which the
calculated amount applies, a summary of how the amount was
calculated, and a statement that the report and all related documents
are available for inspection and copying at the office of the
department of taxation.
(f)
On or before the fifteenth day of February of each year, the
department of taxation shall transmit the report to the general
assembly.
(g)
On the fifteenth day of February of each year, the dollar amount of
the adjustment set forth in the report of the department of taxation
under division (B)(4)(d) of this section shall replace the dollar
figure set forth in division (B)(3) of this section or the actual
dollar amount determined pursuant to division (B)(4)(a) and (b) of
this section, whichever is applicable, for the period in which the
calculated amount applies as indicated in the report of the
department of taxation under division (B)(4)(e) of this section
.
Section
2.
That
existing sections 2305.01, 2307.80, 2315.18, 2315.21, 2323.43,
2744.05, and 3345.40 of the Revised Code are hereby repealed.