Attorney Robert S. Peck said that in many child rape cases, the tort reform law contradicts the civil justice system’s role in making victims whole and curtails the rights of survivors of childhood sexual abuse.
Amanda Brandt is challenging Ohio's tort reform laws after a Cuyahoga County Common Pleas Court judge cited the laws in overturning a $20 million jury award she won in a lawsuit against the man who raped her as a child.
Brandt sued Pompa in civil court in 2018, after he was convicted and sentenced in criminal court for abusing her and other children. The jury determined Brandt - whoBut the Cuyahoga County Common Pleas judge who oversaw the trial citedand slashed a portion of the verdict from $20 million to $250,000. The law, passed by the legislature in 2005, limits the amount a victim can collect for “nonmonetary” losses and injuries, such as pain and suffering.
However, the attorney for Pompa noted that a 2016 Ohio Supreme Court decision upheld tort reform limits in most child sexual abuse cases, and that Brandt’s case didn’t significantly veer from the main legal arguments in the earlier case.Pompa is serving life without parole for nearly 100 counts of raping, kidnapping and gross sexual imposition of girls ages 6 to 13.
Yet, the court said in its decision, “there may exist a set of facts under which application of the statutory damage caps would prove unconstitutional.”Peck’s attorney, Marion H. Little Jr., told the court that if the tort reform law was upheld in the Simpkins case, it should be upheld in Brandt’s case.
“We don’t know what the future cases may hold, your honor,” Little said. “But we know what the facts are in this case, and the facts do matter. And the facts in this case are she has a $114 million remedy. You cannot say she was denied her day in court. You cannot say she was denied a meaningful remedy.
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