User Tag List

+ Reply to Thread
Results 1 to 6 of 6

Thread: Ohio SC reinstates $20 million award to woman who was sexually abused as child

  1. #1

    tPF Moderator
    Points: 473,135, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 69.0%
    Achievements:
    Social50000 Experience PointsTagger First ClassYour first GroupVeteranRecommendation First ClassOverdrive
    Awards:
    Master Tagger
    DGUtley's Avatar tPF Moderator
    Karma
    200769
    Join Date
    Jul 2016
    Location
    Northeast Ohio
    Posts
    52,922
    Points
    473,135
    Level
    100
    Thanks Given
    17,060
    Thanked 46,039x in 24,874 Posts
    Mentioned
    886 Post(s)
    Tagged
    0 Thread(s)

    Question Ohio SC reinstates $20 million award to woman who was sexually abused as child

    In a brutal, despicable case, Ohio Supreme Court reinstates $20 million award to woman who was sexually abused as child, reversing a lower court that slashed it to $250,000


    Caps? What caps.... Despite having previously upheld caps, the Ohio Supreme Court decided a case where the caps didn't apply. The legislature’s concern, when it passed tort reform, about the rising cost of general liability insurance policies purchased by businesses “is unrealistic because coverage for the types of injuries that Brandt sustained in this case is extremely uncommon and, even if a business’s liability-insurance policy were in play, most policies now contain exclusions for intentional conduct committed by the insured and, specifically, for abuse or molestation,” O’Connor wrote. Thus, b/c there's no possibility of insurance - the caps need not apply. Wow.


    The Ohio Supreme Court on Friday reversed a lower court’s ruling that a $20 million jury verdict in a child sexual abuse case be slashed to $250,000. The court’s 4-3 split decision takes issue with the 2005 tort reform that the Ohio General Assembly passed to cap damages in certain cases. The legislature was concerned that excessive damanges were increasing the cost of doing business.


    Friday’s ruling is narrow and based on the specifics of the case involving Amanda Brandt, who was seeking damages from her abuser Roy Pompa of Brook Park, writes Chief Justice Maureen O’Connor, who wrote the majority ruling.


    Link to the decision: https://supremecourt.ohio.gov/rod/do...-ohio-4525.pdf


    Object2.jpg
    Any time you give a man something he doesn't earn, you cheapen him. Our kids earn what they get, and that includes respect. -- Woody Hayes​

  2. #2
    Points: 143,765, Level: 91
    Level completed: 20%, Points required for next Level: 2,885
    Overall activity: 78.0%
    Achievements:
    Social50000 Experience PointsOverdriveVeteran
    carolina73's Avatar Senior Member
    Karma
    43650
    Join Date
    Sep 2019
    Posts
    57,490
    Points
    143,765
    Level
    91
    Thanks Given
    56,065
    Thanked 43,655x in 28,245 Posts
    Mentioned
    154 Post(s)
    Tagged
    0 Thread(s)
    Does this matter when he was sentenced to 453-years behind bars plus an additional 43-life sentences? Or did he have an estate worth fighting for?
    Or is this a battle that will give her access to a state victim's fund?

    However, I have to agree with the dissenting judges that the caps are their for a reason. Will the guy in an auto accident then claim he is never going to sleep again because he sees those headlights, just to up his claim?
    Let's go Brandon !!!

  3. #3

    tPF Moderator
    Points: 473,135, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 69.0%
    Achievements:
    Social50000 Experience PointsTagger First ClassYour first GroupVeteranRecommendation First ClassOverdrive
    Awards:
    Master Tagger
    DGUtley's Avatar tPF Moderator
    Karma
    200769
    Join Date
    Jul 2016
    Location
    Northeast Ohio
    Posts
    52,922
    Points
    473,135
    Level
    100
    Thanks Given
    17,060
    Thanked 46,039x in 24,874 Posts
    Mentioned
    886 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by carolina73 View Post
    Does this matter when he was sentenced to 453-years behind bars plus an additional 43-life sentences? Or did he have an estate worth fighting for? Or is this a battle that will give her access to a state victim's fund? However, I have to agree with the dissenting judges that the caps are their for a reason. Will the guy in an auto accident then claim he is never going to sleep again because he sees those headlights, just to up his claim?
    I wouldn't impact any victim funds money. I won't impact any auto claims. I think it was more the point at this point. I'm sure that others will try to use it to water down caps.
    Any time you give a man something he doesn't earn, you cheapen him. Our kids earn what they get, and that includes respect. -- Woody Hayes​

  4. #4
    Points: 143,765, Level: 91
    Level completed: 20%, Points required for next Level: 2,885
    Overall activity: 78.0%
    Achievements:
    Social50000 Experience PointsOverdriveVeteran
    carolina73's Avatar Senior Member
    Karma
    43650
    Join Date
    Sep 2019
    Posts
    57,490
    Points
    143,765
    Level
    91
    Thanks Given
    56,065
    Thanked 43,655x in 28,245 Posts
    Mentioned
    154 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by DGUtley View Post
    I wouldn't impact any victim funds money. I won't impact any auto claims. I think it was more the point at this point. I'm sure that others will try to use it to water down caps.
    I don't know, since they essentially overturned the caps for non-permanent injuries. That opens the door for almost any claims of I will never get over it to bypass the caps.

    All for something that she will never see as restitution?
    His allowance in prison for the rest of his life in not going to pay that bill.
    Let's go Brandon !!!

  5. #5
    Points: 74,608, Level: 66
    Level completed: 64%, Points required for next Level: 842
    Overall activity: 39.0%
    Achievements:
    50000 Experience PointsSocialVeteran
    Standing Wolf's Avatar Senior Member
    Karma
    314970
    Join Date
    Oct 2015
    Posts
    25,615
    Points
    74,608
    Level
    66
    Thanks Given
    5,717
    Thanked 21,087x in 12,282 Posts
    Mentioned
    415 Post(s)
    Tagged
    1 Thread(s)
    I can't recall reading about any instance of caps actually decreasing liability insurance rates for anyone. Medical malpractice insurance rates, as an example, have continued to climb in states where caps on claims against doctors and other medical entities were put in place.

    https://centerjd.org/content/fact-sh...iders-admit-it
    Civilized men are more discourteous than savages because they know they can be impolite without having their skulls split, as a general thing.” - Robert E. Howard

    "Only a rank degenerate would drive 1,500 miles across Texas and not eat a chicken fried steak." - Larry McMurtry

  6. The Following User Says Thank You to Standing Wolf For This Useful Post:

    DGUtley (12-20-2022)

  7. #6

    tPF Moderator
    Points: 473,135, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 69.0%
    Achievements:
    Social50000 Experience PointsTagger First ClassYour first GroupVeteranRecommendation First ClassOverdrive
    Awards:
    Master Tagger
    DGUtley's Avatar tPF Moderator
    Karma
    200769
    Join Date
    Jul 2016
    Location
    Northeast Ohio
    Posts
    52,922
    Points
    473,135
    Level
    100
    Thanks Given
    17,060
    Thanked 46,039x in 24,874 Posts
    Mentioned
    886 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by Standing Wolf View Post
    I can't recall reading about any instance of caps actually decreasing liability insurance rates for anyone. Medical malpractice insurance rates, as an example, have continued to climb in states where caps on claims against doctors and other medical entities were put in place.
    https://centerjd.org/content/fact-sh...iders-admit-it
    100% agree. Though it has greatly reduced the # of med mal lawsuits in Ohio (but not med mal insurance rates). It was sold on lowering or at least stabilizing the rates. It hasn't worked.
    Any time you give a man something he doesn't earn, you cheapen him. Our kids earn what they get, and that includes respect. -- Woody Hayes​

+ Reply to Thread

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts