Justinian Lane

Will Justice Return to Ohio?

LegalNewsline reports that the Ohio Supreme Court will soon hear arguments on whether noneconomic damage caps enacted in 2005 are unconstitutional:

"Specifically, by purporting to limit the amount of compensatory damages for noneconomic injury that may be awarded in a non-catastrophic case, Senate Bill 80 infringes upon the right to trial by jury, unconstitutionally empowers a court to reexamine a jury's award, interferes with the constitutional right to a remedy, and violates due process," the complaint says before making the same point regarding punitive damages."

For the sake of injured Ohio citizens, lets hope the Ohio Supreme Court finds that SB 80 is unconstitutional.

Needless to say, the usual rogues' gallery of business associations and corporate front groups are supporting the law. The Ohio Alliance for Civil (In)Justice contends in its brief that the value of pain & suffering is inherently incapable of objective measurement," and has"no precise economic value." So.... if you can't measure the precise economic value of pain & suffering, how can you determine they are never worth more than the precise economic value of $350,000 imposed by SB 80 ? Sorry, but if you can't tell me how much something is worth, you can't tell me that it's not worth more than some arbitrary figure.

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Posted at 6:06 PM, Apr 10, 2007 in Examples of State Tort "Reforms"
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