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The Ohio Supreme Court concluded that because the 2005 tort reform legislation did not provide an exception to the damages cap for severe psychological injury as opposed to severe physical injury it deemed the statute unconstitutional as applied to the facts of this case.
Almost 20 years ago, in 2005, the Ohio General Assembly passed tort reform legislation. Unlike previous attempts at tort reform in Ohio, this one survived constitutional challenge....
COLUMBUS, Ohio (Legal Newsline) - A narrow majority on the Ohio Supreme Court declared the state’s $250,000 cap on noneconomic damages unconstitutional in the case of a victim of childhood sexual abuse, in a decision opposed by a variety of organizations as well as Ohio Attorney General Dave Yost.
The Ohio Supreme Court said child victims deal with enough pain and suffering without having their monetary damages capped in court cases.
Chief Justice Maureen O'Connor joined the court's Democrats in the 4-3 ruling