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Ohio Supreme Court ruling eliminates jury discretion
Home :: Business :: Legal
By: Charles Boyk Email Article
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And there is nothing in the Supreme Court's opinion that would stop the legislature from capping pain and suffering damages at $1 or $5. The amount of the cap isn't the point. Caps are wrong at $1 million and wrong at $1. Jurors are in the best position to determine what someone deserves for the pain caused by an accident.

The caps can be lifted in extreme cases such as when someone loses a limb or can no longer independently care for himself and perform life-sustaining activities. But the caps apply to more common cases like I described above, even if the person will experience a lifetime of pain.

To their credit, Justices Terrence O'Donnell and Paul Pfeifer dissented from this badly reasoned and disheartening opinion.

I understand that the General Assembly desperately wanted to do the bidding of the business interests that have pumped millions of dollars into GOP campaign coffers. (Incidentally, those same interests also have contributed millions to Republican candidates on the all-Republican Supreme Court.)

Legislators, whether Republicans or Democrats, can get into all sorts of mischief when big money is thrown their way.

That's why we have a right to expect that the Ohio Supreme Court will do more than justify its decisions by paying fawning deference to the legislature.

We have a right to expect someone in Columbus to stand up for the people of this state. And most importantly, we have a right to expect the court to apply Ohio's Constitution and legal precedent, especially when we're talking about something as cherished and revered as the jury system.

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Charles Boyk is managing partner of Charles E. Boyk Law Offices, LLC. With over 24 years of experience, Mr. Boyk specializes in personal injury, car accidents, medical malpractice, wrongful death, ATV accidents, workers' compensation, and dog bites. Charles E. Boyk Law Offices, LLC is located in Toledo, OH with 6 offices in the NW Ohio area. Learn more about Mr. Boyk at http://www.charlesboyk-law.com or http://www.ohioaccidentbook.com .

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