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
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