Ohio Senate Passes Architects Statute of Repose

 

Following considerable lobbying by Ohio architects, seven committee hearings and 33 witnesses and with no Democratic votes and two "no" votes by Republican Sens. Blessing and Jacobson, the Senate passed Sen. Steve Stivers' tort reform legislation (SB80), which includes a 10 year Statute of Repose for architects, according to AIA Ohio Executive Vice President, David W. Field, CAE, Hon. AIA.

 

Stivers told his colleagues the bill would eliminate perpetual liability by adding a statute of repose; stop frivolous lawsuits; eliminate uncertain verdicts because of punitive damages and pain and suffering awards by juries; develop a sliding scale for attorney contingency fees; identify collateral sources of money; admit evidence as to whether a seat belt was worn during an accident; disclose tax consequences; limit non-economic damages; establish guidelines for punitive damages based on their relation to the economic damages; and disallow asbestos lawsuits unless a person is medically diagnosed to be sick.

 

Stivers said 30 states have addressed punitive damages; 21 -- collateral sources; 29 -- frivolous lawsuits; nine -- sliding contingency fees; and four-- caps on contingency fees.

 

He said the bill addresses concerns about protecting drunk drivers and sexual batteries on minors. The bill also asks the Ohio Supreme Court to establish a Consumers' Bill of Rights.

 

The bill contains uncodified language which enters testimonies and studies that support the legislative intent of the bill. The bill also contains a severability clause.

 

The Democrats had the following floor amendments defeated: Gather information on compensatory and punitive damages awarded in Ohio including settlement agreements; remove immunity from punitive damages except for pharmaceuticals and medical devices; remove cap on non-economic damages; allow a defense for the statute of repose that the life of a product should be more than 10 years; allow collateral source rule to be revealed to a jury as long as insurance company disallows their subrogation clause; require reform of the insurance industry; remove all references to asbestos in the bill; allow punitive damages to be limited unless circumstances could dictate more; and exclude civil rights violations from the definition of a tort action.

 

One Republican amendment offered by Sen. Jim Jordan (R-Urbana) was also tabled. The amendment would have eliminated contingency fee caps for attorneys. Jordan said they have the potential to deny justice and take away the right to contract.

 

The battle for the Statute of Repose now moves to the Ohio House of Representatives where concrete action isn’t expected until Fall due to the pending summer recess expected to begin around July 1.