Brandt v. Pompa

Citations

• 171 Ohio St. 3d 693
• 220 N.E.3d 703
• 2022 Ohio 4525

Syllabus

Civil law—Damages—R.C. 2315.18—As-applied constitutional challenge—Due process of law—Article I, Section 16, Ohio Constitution—Statutory cap on awards of compensatory damages for noneconomic losses set forth in R.C. 2315.18 is arbitrary and unreasonable and therefore unconstitutional as applied to plaintiff and similarly situated plaintiffs who were child victims of intentional criminal conduct, such as sexual abuse, and who bring civil actions to recover damages from the persons who have been found guilty of those intentional criminal acts to the extent that it fails to include an exception for plaintiffs who have suffered permanent and severe psychological injuries—Judgment reversed—Jury verdict on damages reinstated.