Ohio Supreme Court gives victims of child rape a path to big jury awards
In a 4-3 decision, the Ohio Supreme Court on Friday partially struck down a 2005 state law that limits jury awards for pain and suffering when it comes child victims of criminal conduct.
Writing for the majority, Chief Justice Maureen O'Connor said that subjecting child crime victims to the damage cap "has little to no connection to improving the tort system in Ohio." Under the decision, victims who later sue their abusers can recoup larger damages.
"It's a major victory for children who are sexually abused in Ohio," said attorney John Fitch, who represents Amanda Brandt.
As a child, Brandt suffered repeated sexual abuse at the hands of her best friend's father. Roy Pompa drugged and raped girls – ages 6 to 13 – in his home where he also videotaped the crimes.
That set Brandt on a path of self-destruction as an adult, including drug addiction, attempted suicide and homelessness. She later filed a civil lawsuit against Pompa. The jury said she deserved $134 million for her pain and suffering.
But an Ohio law passed in 2005 limits how much plaintiffs can be awarded for pain and suffering. At the time, business groups argued the law change was needed to protect against runaway jury awards in lawsuits over car crashes, defective products, human error or other matters.
Court CaseChild rape survivor challenges Ohio law that struck $20 million off a jury award
Brandt's damages for the abuse that happened after the tort reform law took effect were knocked down from $20 million to $250,000. The $14 million in noneconomic damages pre-2005 and the $100 million in punitive damages were unchanged.
Brandt asked justices to overturn two previous rulings. In 2007, the court upheld the overall law. In 2016, in another child sexual assault case, the caps on damages were upheld but the ruling left the door open for another challenge.
The decision is a partial victory for Brandt and her legal team. While the law remains largely intact, the decision opens the door for victims of child rape or other crimes to hit their abusers with big money damages.
Pompa, who is serving a life sentence, argued that he can't pay $134 million or the lesser $114 million judgment. He wanted the case dismissed.
The case drew attention from business groups including the U.S. Chamber of Commerce and the National Federation of Independent Business that support the limits on civil lawsuit damages.
In a dissent, Justices Sharon Kennedy and Pat DeWine wrote "Minor sex-abuse victims are worthy of protection and compensation. But it is not our role as members of the judicial branch to determine what compensation is necessary or adequate. The General Assembly is the ultimate arbiter of public policy."
Justice Patrick Fischer wrote a separate dissent.
Joining O'Connor in the majority decision were Justices Jennifer Brunner, Michael Donnelly and Melody Stewart.
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This article originally appeared on The Columbus Dispatch: Ohio's 2005 tort reform law partially struck down by Ohio Supreme Court
