The decision upheld part of Ohio’s “sovereign immunity” law adopted as part of tort reform. It says that except in wrongful death cases, the cap for non-economic damages against a city is $250,000 even if a jury awards more.
The limit “is rationally related to the purpose of preserving the financial integrity of political subdivisions,” Chief Justice Thomas J. Moyer wrote for the majority.
In a dissent, Justice Paul E. Pfeifer wrote that “instead of jealously safeguarding the right to trial by jury, the majority in this case eviscerates it.”
The case involved Donald Krieger and Clifton Oliver, who were at an Indians’ game when an explosive device was dropped from the upper deck and was detonated at ground level, injuring four people.
They were arrested and jailed for four days. Charges of aggravated arson and felonious assault were dismissed.
They sued the city of Cleveland for malicious prosecution and related charges. A jury awarded each $400,000 compensatory and $600,000 punitive damages. The trial court threw out the punitive damages and rejected the city’s request to reduce compensatory damages to $250,000.
The 8th District Court of Appeals ruled the law capping damages was unconstitutional .
Contact this reporter at (614) 224-1608 or whershey@DaytonDailyNews.com.
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