Cincinnati.Com
NKY.COM  |  ENQUIRER  |  CIN WEEKLY  |  Classifieds  |  Cars  |  Homes  |  Jobs  |  Help
Currently:
66°F
Mostly Cloudy
Weather | Traffic
The Enquirer
HOME
NEWS
ENTERTAINMENT
SPORTS
REDS
BENGALS
LOCAL GUIDE
MULTIMEDIA
ARCHIVES
SEARCH
 
 TODAY'S ENQUIRER 
 Front Page 
-- Local News 
 Sports 
 Business 
 Editorials 
 Tempo 
 Home Style 
 Travel 
 Health 
 Technology 
 Weather 
 Back Issues 
 Search 
 Subscribe 

 SPORTS 
 Bearcats 
 Bengals 
 High School 
 Reds 
 Xavier 

 VIEWPOINTS 
 Jim Borgman 
 Columnists 
 Readers' views 

 ENTERTAINMENT 
 Movies 
 Dining 
 Horoscopes 
 Lottery Results 
 Local Events 
 Video Games 

 CINCINNATI.COM 
 Giveaways 
 Maps/Directions 
 Send an E-Postcard 
 Coupons 
 Visitor's Guide 

 CLASSIFIEDS 
 Jobs 
 Cars 
 Homes 
 Obituaries 
 General 
 Place an ad 

 HELP 
 Feedback 
 Subscribe 
 Search 
 Newsroom Directory 




 
Thursday, August 22, 2002

GOP lawmakers working to put limits on jury awards




By Andrew Welsh-Huggins
The Associated Press

        COLUMBUS - Three years after a court ruling against limits on jury awards, GOP lawmakers are trying to chip away at the close decision with a series of more specific bills.

        At least four proposed laws are pending in the Ohio House and Senate to try again to cap damages individuals may receive from lawsuits.

        Last week, U.S. Sen. George Voinovich called for such legislation at the state and federal level.

        As Ohio governor, Mr. Voinovich, a Republican, signed the 1996 law that the Ohio Supreme Court struck down, in a 4-3 vote, in 1999. The court said the law violated the constitutional separation of powers between the courts and the Legislature.

        Twice this summer, Gov. Bob Taft, also a Republican, made speeches urging lawmakers to pass such bills, known as tort reform legislation.

        “When courts intervene and strike down a bill as overly broad, there's naturally an effort to craft a bill that's more narrow,” said Larry Sabato, director of the University of Virginia's Center for Governmental Studies. “That's true whether it's tort reform, health care, abortion, what have you.”

        One Ohio bill backed by doctors would place a $300,000 cap on awards for pain and suffering in medical malpractice lawsuits.

        Another, backed by small businesses, would limit the financial damages to a defendant's level of responsibility in an accident.

        For example, if a jury determined that a township's neglect of road repair was 10 percent at fault, the township would pay just 10 percent of a jury award. Under current law, a governmental entity can pay a much higher percentage despite minimal responsibility.

        Two other tort reform bills in the Republican-controlled Legislature:

        Legislation sponsored by Rep. Ron Young of Painesville would prevent someone from recovering money in a personal injury lawsuit if the person was injured while committing a crime.

        Legislation sponsored by Sen. Jay Hottinger of Newark would limit the liability of schools in injury lawsuits to injuries that occur only because of the condition of school facilities or property.

        “There needs to be some controls put in place and some reasonableness put back in the system,” said Ray Mazzotta, president of Columbus-based insurance company OHIC, which supports the legislation capping medical malpractice awards.

        Trial lawyers say tort reform supporters aren't just trying to change state law. They want to create a campaign issue in this fall's two Ohio Supreme Court races, said Richard Mason, executive director of the Ohio Academy of Trial Lawyers.

        “That's offensive to us as representatives of people injured or killed by mistakes by doctors,” he said.

        Business groups critical of the court's decisions on school funding and jury awards are backing two Republican candidates in the hope for a more conservative court.

        Tim Maglione, a spokesman for the Ohio State Medical Association, denied attempts to link tort reform with the Supreme Court races. The association backs caps on malpractice awards.

        “Our organization would like to see a change in judicial philosophy on the high court, and it's for a lot of reasons, not just this whole discussion of civil justice reforms,” Mr. Maglione said.

        Mr. Sabato said experience shows that a more targeted law likely would win court approval.

        “Assuming a court holds to its original reasoning, and the Legislature does a good job of narrowing the scope of the legislation, it frequently is considered constitutional on the second go-around.”

       



Cents of balance, or penny-ante rule?
Ben-Mar partner accused of hiding home fixtures
Deaths pile up along I-75 in N.Ky.
Ft. Thomas schools weigh hefty tax hike
NAACP changes plans for dinner
Elementary school, college link up
Evelyn Hampton, 94, helped church lift every voice
Grand jury testimony in Twitty case starts Monday
Investors told: Think regionally
Let us know about 9-11 ceremonies in Tristate
Norwood may have to vote again on city levy
Reading voters dodge tax
Tristate A.M. Report
Area man tested for West Nile virus
HOWARD: Some Good News
PULFER: James Levine
RADEL: Immigrant prejudice
Businessman may change guilty plea
Fairfield council OKs community center deal
High-growth Deerfield Twp. could grow some trustees
Schools tighten budget
Talawanda scales back levy, building plans
Counties must spend less on welfare-to-work
Ex-professor blames lover for child porn
- GOP lawmakers working to put limits on jury awards
Hagan: No money for TV ads in gov. race
Lawmaker wants to put stop to double-dip
Mother of sunburned children released from jail
Ohio Dems split on gambling
Shroud of Turin tests are flawed, say researchers
Erlanger's new $7M library nearly ready
Robber uses ransom ruse

 

Latest Headline News
Updated Every 30 Minutes
AP TOP HEADLINE NEWS

Iraqi Official: 150,000 Civilians Dead

Sen. Allen Concedes Defeat in Virginia

Bush, Pelosi Hold White House Talks

Massive Recall of Acetaminophen Underway

Mubarak Warns Against Hanging Saddam

Bolton Unlikely to Win Senate Approval

AP: Startling Findings in Tillman Probe

Ed Bradley of '60 Minutes' Dies at 65

U.S. Rises in Auto Reliability Ratings

49ers Look to Relocate New Stadium



Cincinnati.Com
Search our site by keyword:  
Search also: News | Jobs | Homes | Cars | Classifieds | Obits | Coupons | Events | Dining
Movies/DVDs | Video Games | Hotels | Golf | Visitor's Guide | Maps/Directions | Yellow Pages

  CINCINNATI.COM  |  NKY.COM  |  ENQUIRER  |  CIN WEEKLY  |  Classifieds  |  Cars  |  Homes  |  Jobs  |  Help


Search | Questions/help | News tips | Letters to the editors | Subscribe
Newspaper advertising | Web advertising | Place a classified | Circulation

Copyright 1995-2007. The Cincinnati Enquirer, a Gannett Co. Inc. newspaper.
Use of this site signifies agreement to terms of service updated 12/19/2002.