Reevaluating the Consequences of Damage Caps for Rape and Sexual Assault Survivors in Ohio

Fifteen years ago, the Ohio legislature enacted a law placing a cap on what a jury could determine that a wrongdoer should have to pay to their victim. Since the enactment of that legislation, any time a jury decides the wrongdoer owes the victim more than $250,000 ($350,000 in certain scenarios) in noneconomic damages, the verdict will be reduced by the judge, as required by this law. While there are a few very narrow exceptions to this cap, the majority of civil cases have been significantly impacted by the vise grip that the Ohio legislature has placed on the jury system.

The fairness of this law has been heavily debated, but perhaps even more so when it has been applied to victims of rape and sexual assault.

Back in 2008, Jessica Simpkins was raped twice by her pastor when she was 15 years old. Adding insult to injury, Simpkins found out that her church knew that this pastor had been implicated in two prior incidents with teenage girls but continued to employ him despite his predatory conduct.

Simpkins filed a civil suit against the pastor as wells the church, for allowing this predator to stay in contact with church youth, ultimately exposing her to her rapist. In his criminal case, the pastor, Brian Williams, pled guilty and was sentenced to 8 years in prison. In the civil suit, a jury determined Simpkins was owed $3.6 million in damages.

However, as a result of the damage cap enacted by the Ohio legislature, Simpkins’s verdict was reduced. Simpkins’s lawyers challenged the constitutionality of a law that infringes on a person’s right to a trial by jury as well as whether or not a single cap should be applied to the multiple rapes she endured.

Ohio Supreme Court Justice Judy French authored the opinion for the court, holding that not only did these caps apply to victims of rape, but also held that Simpkins was not entitled to compensation for each act of rape she endured; she was limited to one recovery, regardless of the number of times she was assaulted.

In January 2020, a jury determined that a woman who was repeatedly raped when she was 11 years old should be paid $20 million dollars. As in the Simpkins case, the court reduced the verdict according to the statutory damage cap.

State Rep. Bill Seitz (R-Cincinnati) recently appeared on NPR to discuss the damage cap bill he worked on and defended the legislation and the goal of limiting the financial accountability of companies, organizations (including churches), and universities that negligently and/or knowingly hired and supervised criminals, saying “the deep pocket” did not commit the sexual assault and was only liable on the theory of negligence.

The case raises an important question about public policy: Is capping damages the right thing to do? Or is a jury, after weighing the testimony and evidence, in a better position to determine what the victim is owed? Secondly, what message does this practice send to abusers or the organizations that knowingly turn a blind eye to the abuser’s behavior?

Many are concerned that affording these defendants civil protection is counterproductive to promoting the change that the civil justice system is designed to affect. Not only does this practice protect wrongdoers, it further victimizes the abused when they are told that they are not entitled to what a jury has valued their trauma to be worth.

Two state legislators recently reintroduced a bill that would remove the caps on damages from cases involving rape and sexual assault. This same bill was introduced during the last legislative session, but leadership in the Ohio House of Representatives refused to give the bill any hearings. Interested individuals should contact their legislators to find out their position on this bill.

Voters will also have a chance to weigh in with their thoughts this November. Justice French, who wrote the decision in Simpkins’s case, is up for re-election to the Ohio Supreme Court. Her challenger, Judge Jennifer Brunner, who is currently sitting on the Tenth District Court of Appeals, has questioned why an abuser could be charged criminally for each rape offense but is only subject to one civil damage amount.

There is no doubt that damages caps, a form of tort reform, have become a political issue. Chambers of commerce and businesses lobby that they need the certainty afforded by jurisdictions that limit their liability for their wrongdoing. Those opposed to damage caps believe that businesses can limit their financial exposure by simply doing the right thing and not enable abusers and rapists an opportunity to offend. Furthermore, when innocent mistakes are made, businesses already have purchased insurance policies to indemnify them for these types of losses.  

If someone you love was abused at work or by a trusted teacher, coach, or leader, would you want to protect the company or organization that employed them, especially if they had knowledge of other victims, and did nothing to stop the abuse? As advocates for victims and as members of the Ohio community, we believe we can do better for victims and need to rethink the consequences of damage caps and how they are applied.

Proposed Ohio Bill Would Allow First Responders with PTSD to File for Workers’ Comp

Over time, the stress of being a first responder can take a serious toll on mental health. Firefighters, police officers, emergency dispatchers, and EMTs witness tragedy on a daily basis. This can lead to post-traumatic stress disorder (PTSD). PTSD can cause depression, anxiety, negative thoughts, emotional detachment, difficulty maintaining close relationships, substance abuse, and other problems.

The proposed Ohio Workers Comp Budget Bill (House Bill 80) adds language that would allow emergency personnel in Ohio who suffer job-related PTSD to file worker’s compensation claims, even if they did not suffer a physical injury.  Previously, any mental condition that was considered eligible for worker’s compensation needed to be accompanied by a physical injury.  

According to WBNS News, the part of the bill offering eligibility to first responders was pushed by Katherin Hardin, whose 28-year-old son Trever Murphy, a former firefighter with Orange Township Fire Department in Delaware, committed suicide. First responders are 10 times more likely to commit suicide than the general population. A 2015 survey of more than 4,000 first responders found that 37% had contemplated suicide and almost 7% had attempted it.

This week the Ohio House of Representatives approved the bill, sending it to the Senate. If you wish to contact members of the Ohio Senate to voice your support for the first responder’s eligibility for PTSD compensation, go to http://www.ohiosenate.gov/senators.

If you have questions about workers’ compensation claims, contact GB Law for a free consultation.

Fractured Leg Causes Ongoing Problems- $285,000 Settlement

A central Ohio woman was injured when another motorist ran a stop sign. The collision resulted in a fractured thigh bone which required a surgery to implant a steel rod. The insurance company refused to accept her ongoing problems resulting from the accident. Attorney J. Scott Bowman produced testimonials from her treating doctors confirming her ongoing problems which lead to a $285,000 settlement.

Fractured Thigh Bone Causes Ongoing Problems $285,000 Settlement

Minding her own business one nice fall afternoon, a woman was crushed by a vehicle that blew a stop sign. The collision resulted in a fractured thigh bone which required a surgical procedure involving the implant of a steel rod. After a lengthy recovery, she found that she continued to limp which then caused additional problems with her hips and low back. The insurance company refused to accept her ongoing problems as related to the car crash. Attorney J. Scott Bowman was able to procure testimonials from her treating doctors to confirm the ongoing problems which led to a $285,000 settlement.

1.1 Million Dollar Settlement for Man Crushed Between Tractor and Trailer

A hard working man was performing his job duties checking the oil and other fluids on a refrigerated trailer in a tow yard when a trucker, without warning, backed his tractor up to couple with the trailer; nearly crushing the man to death between the trailer and tractor. Through the hard work of some of central Ohio’s finest doctors, this individual was able to get back on his feet but unable to perform his job duties ever again. Attorney J. Scott Bowman hired experts to show their client’s inability to perform his job duties, to show his past and future loss income, and loss of ability to perform day to day activities. All of this led up to a settlement conference that resulted in a $1.1 million settlement helping the client care for himself well into his future.

Insurance Companies Are Denying Emergency Room Claims

Hidden Clauses in Health Insurance Policies Severely Limit Coverage for ER Use

Imagine thinking your spouse is having a heart attack. You call an ambulance, admit them to the hospital ER, see a doctor, have multiple tests and they are put on several medications. Thankfully, it turns out to be an upper GI infection that is easily treated. You may well have run up a hospital bill that could easily exceed $10,000. Then, you get a notice from your insurance company that they will not pay the bill.

That is exactly what is happening with some insurance policies including Anthem, one of the nation’s largest insurance providers. The claim denials are showing up in several states and include private and employer based policies. Most consumers aren’t finding out about the change in policy until after they are billed for their hospitalization.

Vox reports a real life example of a woman who was taken to an ER because she thought she had appendicitis that turned out to be an ovarian cyst. She was billed $12,000 that her insurance company, Anthem, refused to pay the claim. The article also reports on how and where these denials are taking place.

When we are confronted with a medical emergency and go to the emergency room, we expect the doctors to diagnose and, hopefully, fix the problem. We also expect that our health insurance company will then pay for the emergency medical care that we received that was not only necessary, but may have saved our life.

This is not only an abdication of their responsibility, but will cost people their lives as consumers learn of these policies and choose not to go to the ER because of the financial risk. When the condition you think might be a heart attack is one, you shouldn’t have to calculate the financial risk of going to the hospital.

GB Law obtains highest recorded verdict for loss of consortium claim in Pickaway County, Ohio

The spouse of a man traumatically brain injured in an auto collision received $150,000 from a Pickaway County jury.

Some cases involve more than just the physical injuries. Families are also affected as they deal with the aftermath of a collision. One such family hired GB Law to represent them after their lives were upended following a crash in Pickaway County. With bills going to collections and the loss of their breadwinner, the spouse of an injured victim was forced to provide care for her husband and family by day and work nights to make ends meet. At trial, GB Law attorneys successfully argued to a jury that the spouse should be compensated for her losses resulting from the crash in addition to those sustained by her husband. The jury agreed and awarded her the highest amount recorded for such an award in the county.

Truck Accident Results in Significant Shoulder Injury

While returning to work after his lunch break, GB Law’s client was hit head-on by a truck. Although surgery was performed to repair the damage, our client’s recovery time and future limitations put his career in jeopardy.

GB Law successfully worked with medical providers and economists to document our client’s future economic damages and was able to settle the case for $285,000.

Client turned down by other lawyers receives $660,000

After being turned down by other law firms, a woman whose foot was crushed by a forklift came to GB Law where we were able to secure a $660,000 settlement from a large Midwestern retailer who employed the forklift driver that injured her.

Separate and apart from her workers compensation case, GB Law successfully held the employer of a forklift driver accountable for the injuries their employee inflicted upon our client who was working for a different company inside the same warehouse at the time of her injury.

After extensively litigating the case and battling for the drug test results of the offending driver, GB Law attorneys negotiated a settlement that compensated our client for the pain she had incurred as a result of the injury and protected her future with a permanent injury.

Wrongful death caused by large Midwestern waste removal company.

A trash truck was stopped on a hilly and winding road picking up trash. After several near misses, one motorist was killed tragically as she crested a hill and rear-ended the truck. Her family hired GB Law to get answers.

GB Law attorney J. Scott Bowman worked tirelessly for more than a year to prove that a trash truck was stopped improperly on a country road and failed to provide adequate warnings to those traveling behind them of their presence. Proving that it was the truck’s position on the road and NOT the fault of the deceased, her family agreed to settle the case for $750,000.