“Profit Over People” Prevails Again

             Unfortunately, in Simpkins v. Grace Brethren Church of Delaware, 2016-Ohio-8118 the principle of “profit over people” prevailed yet again.   If there was ever a set of facts to declare as unconstitutional the non-economic damages caps of R.C. 2315.18, this was the case. 

              In Simpkins, the plaintiff brought a lawsuit against a church for its pastor’s actions in forcing oral and vaginal intercourse with the plaintiff who, at the time of being raped, was 15 years old.   The jury found that the plaintiff was entitled to $3,651,378.85 in compensatory damages, which included the following: $1,378.85 for past economic damages, $150,000 for future economic damages, $1,500,000 for past noneconomic damages, and $2,000,000 for future noneconomic damages.   

              The trial court, in applying R.C. 2315.18(B)(2), reduced the plaintiff’s noneconomic damages from $3.5 million to $350,000 and, accordingly, entered a judgment in plaintiff’s favor for $500,000; which is $3.1 million dollars less than a jury of her peers awarded her.  So why did the court do that?

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How to Protect Yourself BEFORE a Bicycle Accident

For cyclists, this week served as yet another painful reminder of the vulnerability that we face every time we roll out onto the roadway and the catastrophic harm that can be caused for ourselves and our families.   While I trust most cyclists are careful, it is the distracted driver, the impatient driver, or the drunk driver that we have to worry about.   Their actions (and reactions) are completely out of our hands.  

I previously posted an article titled “What to do if You’re Involved in a Bicycle Accident” which you should check out first.   What that article does not address is the steps you should take before an accident happens to protect yourself and your family afterwards.   In other words, buy as much insurance as you can reasonably afford.  While this is not a comprehensive discussion on the issue of insurance, or the available types, here are a few types of insurance that you should absolutely have if you’re a cyclist:   

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UYR: What is the Value of A Personal Injury Case

If you have been injured based upon the negligence of another, several factors must be taken into account before a lawsuit if filed:

  • Is the claim being filed timely?  In most states, including Ohio, statutes of limitation are in place which put time limits on when particular types of claims can be filed.
  • Is the negligent party collectable? In other words, if you are able to prevail at trial, can you reasonable anticipate being able to recover money from the negligent party.   Do they have insurance that will cover the claim or other types of assets that can compensate you for your injuries.     
  • What are your damages?  Given the different types of damages that an injured party may claim, it is sometimes difficult to know in advance how much compensation one can receive.   However, here are some general guidelines to estimate how much you may be able to recover for a personal injury claim:
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