from www.daytondailynews.com

Legislation enacted by the Ohio General Assembly to limit money damages that can be awarded to people who file personal-injury lawsuits is constitutional, the Ohio Supreme Court ruled Thursday.

In a 5-2 decision written by Chief Justice Thomas Moyer, the court ruled that the legislation which took effect in April 2005 does not violate the rights of plaintiffs, under the Ohio Constitution, who claim injuries and sue for damages.

The 2005 legislation limits the amount of punitive damages that Ohio courts can award plaintiffs for compensatory damages or for intangible injuries such as pain and suffering, disfigurement or mental anguish.

The issues were raised by a Cincinnati woman who is involved in a separate lawsuit against Johnson & Johnson Pharmaceutical Co. over alleged injuries from use of a hormonal birth control product.

Her lawyer, Janet Abaray of Cincinnati, said Thursday that the state Supreme Court's ruling will forbid trial juries to determine the proper amount of money damages to be awarded based on evidence that the jurors hear. Abaray said she is examining options for pursuing her arguments on other grounds before state or federal courts.

Contact this reporter at (937) 225-2242 or jnolan@DaytonDailyNews.com.

By John Nolan

Staff Writer

Thursday, December 27, 2007