Ohio Supreme Court Upholds Major Tort Reform Provision

Wednesday, the Ohio Supreme Court issued a ruling in the case of Havel v. Villa St. Joseph, Slip Opinion No. 2012-Ohio-552, upholding a state law requiring courts to bifurcate, i.e. split, civil cases into separate proceedings when punitive damages are sought in addition to compensatory damages.

In 2004, the Ohio General Assembly enacted Ohio Revised Code Section 2315.21(B), which required courts, upon request of a party, to separate stages of trial relating to the presentation of evidence for compensatory and punitive damages in tort actions. The language of the state, however, was in conflict with Ohio Rule of Civil Procedure 42, which gave discretion over the issue of bifurcation to the courts. The conflict gave rise to a dispute as to whether the rule or statute was controlling, leading to the Supreme Court's decision to hear the case so as to resolve the conflict in the law.

In a 5-2 vote, the Court held that Section 2315.21(B) "creates, defines, and regulates a substantive and enforceable right to separate stages of trial relating to the presentation of evidence for compensatory and punitive damages in tort actions." The ruling is a signficant blow to plaintiff's attorneys that relied on the threat of punitive damages as leverage to pressure opponents into larger settlements.

If you have questions regarding the Ohio's tort or other laws, contact the experienced attorneys at DiCaudo, Pitchford & Yoder today.