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Ohio supreme court rules on pain and suffering damages.

Ohio Supreme Court Rules on Pain and Suffering Damages. The Ohio Supreme Court upheld a state law that limits how much a person injured by a defective product can collect in pain-and-suffering damages, reversing its stance on a closely watched issue. Attorneys representing injured people and companies that support the concept of caps have followed the lawsuit filed by Melissa Arbino, a Cincinnati property manager, over the Ortho Evra Birth Control Patch made by Johnson & Johnson (New Brunswick NJ). She contended the product caused her permanent physical damage and threatened her ability to have children, and her lawyer argued that limits on damages were unconstitutional. The majority opinion in the 5-2 ruling, written by Chief Justice Thomas J. Moyer, said the Ohio law did not violate the constitutional rights of injured parties to trial by jury, to a remedy for their injuries or due process and equal protection. "The decision in this case affirms the General Assembly's efforts over the last several decades to enact meaningful tort reforms," Moyer wrote.

In one of its challenged provisions, the law caps awards at $250,000 or three times the amount of economic damages, whichever is greater, up to an absolute limit of $350,000. The exception is when a plaintiff suffers permanent disability or loss of a limb or bodily organ system. In another, the law prohibits awards for punitive damages exceeding two times the amount of the compensatory damages awarded.
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Title Annotation:TOP STORIES
Publication:MondayMorning
Article Type:Brief article
Geographic Code:1U3OH
Date:Jan 7, 2008
Words:239
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