Academy of Medicine of Cleveland/        Northern Ohio Medical Association

Senate Bill 120 is the joint and several liability legislation, sponsored by State Senator Jay Hottinger ( R – Newark ).  The bill was amended and reported out of the Ohio Senate Judiciary on Civil Justice Committee on June 26, 2001 and passed the Ohio Senate by a vote of 22 – 10 on June 26, 2001.  The bill was substituted in the House Civil and Commercial Law Committee on March 6, 2002 and was heavily amended on November 25, 2002 and reported out of Committee.

 This analysis is compiled from placing the amendments into the substitute legislation.  Technical changes may be made by the Legislative Service Commission when the final substitute legislation is drafted.

 Senate Bill 120 eliminates a defendant’s joint and several liability for a plaintiff’s economic damages in tort actions and provides a recovery system based on a proportionate liability.  This bill holds defendants liable only for their percentage of fault (non-economic) in civil tort actions.  On economic damages, the bill would maintain the current doctrine in those cases where a defendant is more than 50% responsible for a plaintiff’s harm.

 ·          Specifies that in a tort action in which the trier of fact determines that two or more persons proximately caused the same injury or loss to person or property or the same wrongful death and in which the trier of fact determines that more than fifty per cent of the tortious conduct is attributable to one defendant, that defendant is to be jointly and severally liable in tort for all compensatory damages that represent economic loss.

·          Specifies that each defendant who is determined by the trier of fact to be legally responsible for the same injury or loss to person or property or the same wrongful death and to whom fifty per cent or less of the tortious conduct is attributable is to be liable to the plaintiff only for that defendant’s proportionate share of the compensatory damages that represent economic loss.

·          Specifies that in a tort action in which the trier of fact determines that two or more persons proximately caused the same injury or loss to person or property or the same wrongful death and in which the trier of fact determines that fifty per cent or less of the tortious conduct is attributable to any defendant against whom an intentional tort claim has been alleged and established, that defendant is to be jointly and severally liable in tort for all compensatory damages that represent economic loss.

·          Specifies that if each defendant against whom an intentional tort claim has not been alleged and established, who is determined by the trier of fact to be legally responsible for the same injury or loss to person or property or the same wrongful death, and to whom fifty per cent or less of the tortious conduct is attributable is to be liable to the plaintiff only for that defendant’s proportionate share of the compensatory damages that represent economic loss.

·          Specifies that in a tort action in which the trier of fact determines that two or more persons proximately caused the same injury or loss to person or property or the same wrongful death, each defendant who is determined by the trier of fact to be legally responsible for the same injury or loss to person or property or for the same wrongful death is to be liable to the plaintiff only for that defendant’s proportionate share of the compensatory damages that represent  noneconomic loss.

·          Specifies how to determine the percentages of tortious conduct attributable to a party in a tort action under the joint and several liability, and contributory fault provisions of the legislation.

·          Specifies how to determine the percentages of tortious conduct attributable to a party in a product liability action under the joint and several liability, and contributory fault provisions of the legislation.

For a complete copy of the AMC/NOMA analysis of amended SB 120, please contact the AMC/NOMA offices at (216) 520-1000, ext. 314.