Ohio Overturns Tort Reform
Monday, August 23rd, 1999 Legislation & Regulation LiabilityThe landmark Ohio Supreme Court decision that last week struck down the state’s expansive tort reform law will create an air of uncertainty for insurers, cost carriers millions of dollars more in lawsuits and could lead to increased premiums for policyholders, insurance industry and tort reform advocates contend. The Ohio Supreme Court, in a bipartisan 4-3 decision on Aug. 16, strongly rebuked the three-year-old law, which limited the amount of general and punitive damages that could be assessed in many civil cases and set a time limit for the filing of these lawsuits. Justice Alice Robie Resnick, writing for the majority, said that the law itself was unconstitutional because it limited the rights of individuals to a jury trial. She also excoriated the Ohio General Assembly for openly challenging the court’s authority.
