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by Lynn Snyder

After a nearly 10 year fight, Ohioans now have tort reform.

Senate Bill 80 passed in early December, with the House voting 65-32 and the Senate 19-11. House Bill 350 also passed as part of the comprehensive reform bill.

Farm Bureau staffers knew a vote was approaching, so with more than 1,000 Ohio Farm Bureau members and guests in town for the OFBF annual meeting, the timing was right to organize a lobbying trip to the Ohio Statehouse.

More than 80 members made 40 visits to their Ohio representatives to urge for a "yes" vote on both bills.

"The turnout from our members was better than we expected," said OFBF Director of State Legislative Affairs Rocky Black. "The effort was fantastic."

Tort reform, or civil lawsuit abuse reform, is something Farm Bureau has been working toward for nearly 10 years. Senate Bill 80 and House Bill 350 received hearings Dec. 1, and members took advantage of the opportunity to make congressional visits and to share Farm Bureau’s position in favor of passage of the two bills.

SB 80 ensures Ohioans who have been harmed by the negligence of others will be compensated for their losses fairly and reasonably but not excessively. SB 80 requires damage awards to have a reasonable relationship to the plaintiff’s actual economic losses. For example, the bill limits the amount of punitive damages – intended to "punish" a negligent wrongdoer – recoverable from a small business to $100,000 or less. It also limits noneconomic damages in all but wrongful death cases and sets a 10-year time limit within which product liability lawsuits or construction-related suits can be filed.

HB 350 contains important provisions important to agriculture and agribusiness, such as protection from lawsuits for U-pick operations, recreational trails and obesity claims. HB 350 would not hold owners and operators of premises open to the public for self-picking produce liable for naturally occurring hazards or terrain conditions, nor would property owners directly adjacent to recreational trails have liability to users of the trails. HB 350 also protects farmers, food processors and others from liability against claims of obesity related to the over-consumption of food.

Rep. Keith Faber, R-Celina, gave members an overview of the bills and their status before the members headed off to make their congressional visits.

He said there is reason to believe the Ohio Supreme Court believes the legislature is empowered to make law and will not take action to pick apart this new legislation.

He told the members, "You are in a position today to make a very important contribution." He added he commended the group for what they were going to do that day.

OFBF’s Black noted Senate President Doug White, Senate Agriculture Committee Chairman Larry Mumper, and Representatives Bob Gibbs, Larry Wolpert and John Schlichter and others "were true champions of agriculture in the closing days of the session. On tort reform, Gov. Bob Taft and Senator White made the critical difference in getting the job done."

Caption: Members, l to r, Diana Phillips, Knox County; Eddie Lou Meimer, Morrow County; Gene Phillips, Knox County and Drew Eckert, Richland County, spent time with Rep. Thom Collier, R-Mt. Vernon, to express their support for tort reform.