This statute takes effect in April, 2005.

There is no cap on economic damages. Non-economic damages are capped at $250,000.00 or three times the amount of the economic damages, with an absolute maximum of $350,000.00 per plaintiff or $500,000.00 per occurrence. Exceptions are recognized for certain types of profound and catastrophic injuries. These caps do not pertain to claims against governmental entities, which are governed by Chapter 27.

Comparative Fault - R.C. § 2315.19

A plaintiff’s recovery is reduced in proportion to their percentage of comparative fault. If a plaintiff is 51% or more at fault, they are barred from recovery.

For injuries occurring prior to April 8, 2003 , there is joint and several liability among joint tortfeasors for economic damages. For non-economic damages there is only several liability among joint tortfeasors. If the injury occurred on or after April 8, 2003 , R.C. 2307.22 is applicable instead.

This statute only applies to claims where the injury occurred on or after April 8, 2003 . If there are multiple defendants at fault, any defendant who is more than 50% at fault is subject to joint and several liability for the plaintiff’s economic damages. All other at-fault defendants are liable only to the proportionate extent of their liability. All at-fault defendants are only proportionally liable for non-economic damages.

If there are multiple defendants at fault, and no one defendant is more than 50% at fault, then the at fault defendants are liable only to the proportionate extent of their liability for both economic and non-economic damages. The only exception exists for intentional tortfeasors, who are still subject to joint and several
liability for economic damages.

Enforcement of Contribution - R.C. § 2307.32

This statute only applies to claims where the injury occurred prior to April 8, 2003 . If the injury occurred on or after that date, R.C. § 2307.25 is applicable instead.

A party has one year from the date of judgment against it to seek contribution from joint tortfeasors.

If the party settles a claim without a judgment, that party has one year from the date of settlement in which to seek contribution.

A party who enters into a good faith settlement with a plaintiff or claimant for only a portion of the plaintiff’s damages is immune to claims for contribution from other tortfeasors. The release of claims bars any contribution claims of joint tortfeasors made either before or after the date of settlement.

Right of Contribution - R.C. § 2307.25

This statute only applies to claims where the injury occurred on or after April 8, 2003 . A right of contribution will exist only if 2 or more tortfeasors are subject to joint and several liability.

This statute only applies to claims where the injury occurred on or after April 8, 2003 . A non-settling defendant is entitled to a set-off from any award of damages from what a plaintiff has already recovered from any settling party. This right exists even if the settling party is not found to be liable. This overrules Fidleholtz v. Peller (1998), 81 Ohio St. 3d 197, which required a finding the settling party was liable before a set-off could be imposed.

Comparative Fault in Product Liability Actions - R.C. § 2307.711

Assumption of risk is a defense in product liability claims. Depending upon the nature of the assumption of risk, it can be an absolute bar to a plaintiff’s recovery, without any comparative fault analysis, or any service proportionate basis for reducing damages and liability. This statute takes effect in April, 2005.

Wrongful Death Actions - R.C. § 2125.01 et. seq.

A wrongful death action can only be brought by the executor or administrator of the decedent’s Estate.

The decedent’s surviving spouse, parents, and children are rebuttably presumed to have been damaged by the death.

All other family members must prove their entitlement to damages.

Waiver of Physician-Patient Privilege - R.C. § 2317.02

By filing a tort action, a plaintiff waives any physician-patient privilege and the defendant is entitled to obtain the entirety of the plaintiff’s medical records.

Fellow Employee Tort Immunity - R.C. § 4123.741

An employee may not bring suit against an employer or fellow employee for injuries sustained as a result of the negligence of the employer or fellow employee.

The injury must have occurred within the scope and course of employment and be compensable under Workers’ Compensation laws.

The statutory immunity does not apply to intentional torts.

Punitive or Exemplary Damages - R.C. § 2315.21

Effective April, 2005, a defendant now has an absolute right to bifurcate a trial on a punitive damage claim.

Punitive damages are capped at one to two times the amount of any compensatory damage award. In the case of a small employer or private individual, punitive damages are capped at two (2) times the amount of damages or ten percent of their net worth.

This statute is effective April, 2005. A defendant may now interject evidence the plaintiff failed to wear a seatbelt. This evidence is not admissible for the purposes of establishing liability, but can be utilized to establish a plaintiff’s injuries would not have occurred or not have been as severe, had a seatbelt been worn.