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OH HB27
Bill
Status
2/12/2019
Primary Sponsor
Catherine Ingram
Click for details
AI Summary
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Removes full defenses to liability for police, fire, and emergency medical service employees operating vehicles during emergency responses, instead establishing that political subdivisions are liable for negligent operation of motor vehicles by employees engaged in employment and authority.
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Adds a new full defense to motor vehicle negligence liability: political subdivisions are not liable if the plaintiff was attempting to flee from a law enforcement officer to avoid apprehension for a criminal offense at the time of the alleged negligence.
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Maintains existing damage limitations including a cap of $250,000 for non-actual-loss damages (except wrongful death cases) and requires deduction of insurance benefits from awards against political subdivisions.
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Specifies that compensatory damages for employee negligent motor vehicle operation must be reduced by the percentage of contributory fault attributable to the plaintiff or other parties.
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Defines "actual loss" to include lost wages, medical and rehabilitation expenses, property repair costs, and claim preparation expenses, while excluding attorney fees and intangible losses like pain and suffering.
Legislative Description
Modify subdivision liability for negligent operation of vehicle
State and Local Government : Local Government
Last Action
Refer to Committee: Civil Justice
2/13/2019