COLUMBUS, Ohio (WCMH) — Rape survivors in the Cleveland area can recover $20 million in damages, as opposed to the $250,000 they are entitled to under Ohio law, the state Supreme Court said Friday. made a judgment on
In a 4-3 decision, the Ohio Supreme Court Amanda Blunt from Northeast OhioAccording to court filings, she was drugged and sexually abused by her neighbors “dozens of times” in 2004-2005. Brandt was 11 years old and she was 12 when she was abused.
A jury found that Brandt was entitled to a $134 million settlement in 2017, including $20 million for non-economic damages, but a trial court judge ruled that the 2005 Ohio tort Citing the Code of Conduct Act, it reduced $20 million to $250,000. He will receive non-economic damages, court records say.
However, Chief Justice Maureen O’Connor overturned the first instance judgment. She said there was no reason to “improve” Ohio’s tort system at the expense of a few people, including Brandt. .
“Brant represents an even smaller group of people … namely those who suffer traumatic, widespread and chronic mental damage as a result of their intentional criminal acts, and who sue their abusers for civil damages. child victims,” O’Connor wrote. .”
In a jury verdict, Brandt won a total of $134 million in damages.
- $100 million punitive damages
- $14 million for non-economic damages incurred prior to April 6, 2005
- $20 million for non-economic damages incurred after April 6, 2005
Blunt’s assailant, Roy Pompa of Brook Park, was convicted in 2007 of sexually abusing eight girls between the ages of 6 and 13. Fox 8, NBC4’s sister station in ClevelandA police investigation revealed that Pompa had videotaped himself assaulting his victims.
A jury found him guilty of 93 counts of sexual misconduct, including charges of rape and kidnapping, and ultimately sentenced him to life in prison.
Justices Michael Donnelly, Melody Stewart, and Jennifer Brunner joined O’Connor to rule in Blunt’s favor.
Judges Sharon Kennedy, R. Patrick DeWine, and Patrick Fisher, as members of the Justice Department, argue that “we must ‘soften empathy’ and resolve legal matters within the bounds of the law.” and issued a dissenting opinion.
The Ohio Legislature acted reasonably and arbitrarily in limiting noneconomic damages to $250,000 to protect Ohio’s civil justice system and economy, dissenting judges argue did.
“While Blunt’s situation is admittedly sad, we cannot offer her compensation simply because it may be our personal policy preferences,” the dissenting judge wrote. This activity from must stop.”
Blunt’s case inspired outgoing Rep. Christine Boggs in the Ohio Legislature to introduce legislation to remove any restrictions on the amount of money a rape victim is entitled to receive. current legislation, House Bill 199has been introduced several times since 2017.
suggest a fix
https://www.wdtn.com/news/ohio-woman-entitled-to-millions-more-in-legal-damages-supreme-court-rules/ Ohio woman repeatedly raped is entitled to millions more in legal damages, Supreme Court ruling