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OH HB495

Bill

Status

Introduced

3/18/2014

Primary Sponsor

Connie Pillich

Click for details

Origin

House of Representatives

130th General Assembly (2013-2014)

AI Summary

  • Removes the cap on noneconomic damages (pain and suffering, mental anguish, etc.) for victims of rape, felonious assault, aggravated assault, assault, or negligent assault by adding a new exception to Ohio's tort damages law.

  • Maintains existing damage caps for other tort actions: the greater of $250,000 or three times economic loss (capped at $350,000 per plaintiff or $500,000 per occurrence).

  • Allows unlimited noneconomic damages only for assault and rape victims asserting claims directly resulting from those specific crimes.

  • Keeps existing exceptions for cases involving permanent physical deformity, loss of limb, loss of bodily organ system, or permanent functional injury that prevents self-care.

  • Requires courts to specify in verdicts the total compensatory damages, economic loss portion, and noneconomic loss portion; prevents juries from being informed of damage caps.

Legislative Description

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.

Tort action for sexual offenses-remove cap on damages for noneconomic loss

Last Action

To Judiciary

3/18/2014

Full Bill Text

No bill text available