City Liability for Personal Injury Lawsuits in Ohio Remains Capped at $250k

In a ruling released last week, the Ohio Supreme Court found a law that limits the amount of non-economic damages a city government can be required to pay a plaintiff in a personal injury lawsuit to $250,000 is constitutional, affirming part of Ohioโ€™s sovereign immunity tort reform laws.

The October 1 decision stems from a 2002 case where two spectators at a Cleveland Indianโ€™s game were wrongfully arrested and jailed for four days, according to a report by the Dayton Daily News. A lawsuit against the city of Cleveland for malicious prosecution and other charges resulted in a jury award to each man of $1 million, including $600,000 in punitive damages and $400,000 in compensatory damages.

Following the award, the trial judge threw out the punitive damages, but maintained the compensatory damages at $400,000 for each plaintiff, despite a motion by the city to cap the non-economic damages at $250,000. The decision was upheld at the intermediate appellate court, which found the Ohio local government damage cap unconstitutional. However, the Ohio Supreme Court overturned the ruling.

Spinal-Cord-Stimulation-Lawsuit
Spinal-Cord-Stimulation-Lawsuit

In a 5-2 decision, the Court found that the sovereign immunity law, which was enacted as part of tort reform in the state, is โ€œrationally related to the purpose of preserving the financial integrity of political subdivisionsโ€ and does not violate the state constitution.


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