Court refuses to reconsider case
THE ASSOCIATED PRESS
COLUMBUS - The Ohio Supreme Court refused yesterday to reconsider its decision striking down a law limiting the amount of money awarded in lawsuits, ending the state's effort to preserve the 2 1/2-year-old law.
The court voted 4-3 to deny a request by Attorney General Betty Montgomery to reconsider its Aug. 16 ruling that the law violated the constitutional separation of powers among the three branches of government. The court said it also violated a provision of the Ohio Constitution that bars lawmakers from including unrelated items in a single piece of legislation.
The Legislature was within its rights to pass the law and the court went too far in its interpretation of the single-subject rule, Montgomery argued in her motion.
The law, which took effect in 1997, limited most noneconomic damages at $500,000 and punitive damages at $250,000 or three times compensatory damages, whichever is greater. Punitive damages are designed to punish a defendant's misconduct.
It also put a 15-year limit on the filing of most lawsuits, and a six-year limit for medical claims and professional malpractice claims.
The bill was introduced on behalf of businesses that complained Ohio had a hostile economic environment. The lawsuit that overturned the law was brought by lawyers and labor unions that felt it relieved businesses of their responsibilities to make safe products.
Montgomery spokesman Chris Davey said yesterday's ruling ends the case, since there are no federal issues that would allow the state to appeal to the U.S. Supreme Court.
''We're disappointed. We hoped the (Ohio Supreme) Court would at least clarify its language and its position in this case,'' Davey said.
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