SIMPKINS v. GRACE BRETHREN CHURCH OF DELAWARE, OHIO

No. 2014-1953.

149 Ohio St.3d 307 (2016)

2016-Ohio-8118

SIMPKINS ET AL., APPELLANTS, v. GRACE BRETHREN CHURCH OF DELAWARE, OHIO, APPELLEE, ET AL.

Supreme Court of Ohio.

Decided December 14, 2016.


Attorney(s) appearing for the Case

The Fitch Law Firm and John K. Fitch ; David A. Fitch ; Taft, Stettinius & Hollister, L.L.P., Stephen C. Fitch , and Celia M. Kilgard , for appellants.

Weston Hurd, L.L.P., and W. Charles Curley , for appellee.

Harris, Meyer, Heckman & Denkewalter, L.L.C., and Darrell L. Heckman , urging reversal for amicus curiae National Center for Victims of Crime.

The DiCello Law Firm and Robert F. DiCello , urging reversal for amicus curiae Ohio Association for Justice.

Tucker Ellis, L.L.P., Susan M. Audey , and Benjamin C. Sassé , urging affirmance for amicus curiae, Academy of Medicine of Cleveland & Northern Ohio.

Bricker & Eckler, L.L.P., Anne Marie Sferra , and Kara Herrnstein , urging affirmance for amici curiae Ohio Alliance for Civil Justice and Ohio Association of Civil Trial Attorneys.

O'NEILL, J., dissents, with an opinion joined by PFEIFER, J.


{¶ 1} This appeal presents as-applied constitutional challenges to the caps on noneconomic tort damages set out in R.C. 2315.18(B). In this opinion, we consider whether application of the damage caps to damages awarded to a minor who was the victim of sexual assault violates the minor's constitutional rights to a jury...

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