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OH HB179

Bill

Status

Passed

10/24/2024

Primary Sponsor

Adam Mathews

Click for details

Origin

House of Representatives

135th General Assembly (2023-2024)

AI Summary

  • Amends section 2305.15 to clarify that the tolling of limitations periods during a defendant's absence, absconding, or concealment does not apply to statutes of repose, including those in sections 2305.10, 2305.113, 2305.115, 2305.117, and 2305.131 of the Revised Code.

  • Enacts section 2307.241 to establish rules for tort actions alleging respondeat superior or vicarious liability, allowing injured parties to sue either the primarily liable agent/employee or the secondarily liable principal/employer, or both.

  • Requires that for an injured party to prevail in a vicarious liability action against a secondarily liable principal/employer, the primarily liable agent/employee must have committed the act while in the course and scope of their employment or agency relationship.

  • Establishes that a primarily liable agent/employee is not a necessary party to vicarious liability actions except for specific professional claims: medical claims against physicians/podiatrists/physical therapists, dental claims against dentists, optometric claims against optometrists, chiropractic claims against chiropractors, and legal malpractice claims against attorneys.

  • Declares the amendment expressly overrules the Ohio Supreme Court decision in Elliot v. Durrani, 2022-Ohio-4190.

Legislative Description

Regards vicarious liability in tort actions; statutes of repose

Courts and Civil Law : Civil Law

Last Action

Effective

10/24/2024

Committee Referrals

Judiciary1/24/2024
Civil Justice5/23/2023

Full Bill Text

No bill text available