Tort Reform Continues - Speak Out

Frivolous lawsuits cost our economy more than $250 billion per year – yes, billions! But now, Ohio is attempting once again to do something about these abuses in order to attract new businesses to Ohio. On December 8, 2004, Senate Bill 80, known as Ohio’s Tort Reform Bill, was passed with only minutes to go before the Senate adjourned for the holidays. At the urging of Senator Doug White, four minutes before midnight, the vote was 62-31. It is anticipated that the Governor will sign the legislation this month and it will become effective 90 days thereafter.

The original Tort Reform law, enacted by the 121st Ohio General Assembly, was declared unconstitutional by Ohio’s liberal Supreme Court on August 16, 1999 in an action brought by the Ohio Academy of Trial Lawyers. The new law will limit punitive damages, limits non-economic damages for non-catastrophic claims, prohibits certain types of evidence in determining non-economic damages which could exacerbate a judgment, limits the time in which a products liability claim may be instituted against manufacturers or suppliers of products, provides immunity from civil damages for food sellers for claims resulting from a person’s obesity, provides limitations on asbestosis related claims, modifies civil immunity for healthcare professionals and permits courts, on their own initiative, to impose sanctions for frivolous conduct, among other things. The law is quite comprehensive and certainly will fall victim to constitutional challenge, as did its predecessor.