Ohio high court hears challenge to injury award caps
In an Ortho Evra Case pending in Ohio a woman’s lawyer is accusing Ohio lawmakers of siding with corporations over injured consumers. This case marks the first time that the justices have directly taken up caps on damages since its divisive 4-3 ruling in 1999 that they were unconstitutional. "The state of Ohio and the legislature have prejudged Miss Melisa Arbino's case," said attorney Janet Abaray. "They've passed a statute that states that, without considering Miss Arbino as an individual, without considering what happened to her, and considering any evidence, her damages for pain and suffering are to be capped arbitrarily based upon a number selected by the legislature." To uphold the caps, she said, would reverse case precedent dating back to the 1800s.
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