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Bill focuses on tort reform

Ohio Farm Bureau Federation and other members of the small business community have long anticipated action that would reduce frivolous lawsuits in Ohio. To that end, Sen. Steve Stivers, R-Columbus, introduced Senate Bill 80 on May 1.

Stivers was joined by Gov. Bob Taft; Frank Ciotola, representing Ohio’s small business owners; and Philip McWeeny, vice president and chief counsel of Owens-Illinois, to kickoff the grassroots effort to garner support for the bill at a news conference at the Statehouse.

S.B. 80 would significantly reform the civil justice system in Ohio. It would more fairly balance the rights of business owners while compensating victims.

"Now is the time for Ohio’s tort system to fairly compensate victims; not make trial lawyers wealthy," said Deering Dyer, OFBF’s director of political education.

S.B. 80 proposes:

  • establishing a provision to protect farmers that have you-pick operations
  • setting a cap of $100,000 for punitive damages
  • permitting juries to be informed of plaintiffs’ insurance and compensation benefits when setting damage awards
  • balancing the rights of those who have been legitimately harmed with the rights of those who have been unfairly sued
  • preserving access to the court system for those who have been legitimately harmed by the negligence of others
  • protecting manufacturers by establishing a 10-year time limit within which product liability and construction-related lawsuits can be filed
  • creating more stringent standards regulating frivolous conduct by attorneys, and permitting judges to impose penalties on those violating the new standards
  • limiting excessive attorney fees to ensure plaintiffs collect awards compensating them for their losses, not trial attorneys
  • creating a Legal Consumers Bill of Rights to ensure that plaintiffs will have the opportunity to make well-informed decisions concerning their cases and be more aware of their rights related to contingency fee agreements.

Ciotola, a restaurant owner in Upper Arlington, told his story of being sued by a patron for a frivolous amount of money and the effect it would have on his business if he loses. "It will be a death sentence for us. It will put 70 people out of work," Ciotola said. "I believe Senate Bill 80 is fair and reasonable."

McWeeny described the repercussions of lawsuit abuse on the asbestos industry. "Fifty to 60,000 asbestos lawsuits are filed each year, and up to 65 percent of those people have been exposed to asbestos but have no medical symptoms. Yet they win and cost the taxpayers a lot of money."

Taft said he looks forward to working with the 125th General Assembly to ensure swift passage of S.B. 80.

 
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