Text of Statute

-- Pre-HB 350 (Tort Reform Act) version of this section.

Except as provided in section 2743.02 of the Revised Code, in any medical claim, as defined in division (D) of section 2305.11 of the Revised Code, an award of damages shall not be reduced by insurance proceeds or payments or other benefits paid under any insurance policy or contract where the premium or cost of such insurance policy or contract was paid either by or for the person who has obtained the award, or by his employer, or both, or by direct payments from his employer, but shall be reduced by any other collateral recovery for medical and hospital care, custodial care or rehabilitation services, and loss of earned income. Unless otherwise expressly provided by statute, a collateral source of indemnity shall not be subrogated to the claimant against a physician, podiatrist, or hospital.

HISTORY: 136 v H 682 (Eff 7-28-75); 136 v H 1426. Eff 7-1-76.

  § 2305.27 Repealed. 

Repealed, 146 v H 350, § 2 [136 v H 682; 136 v H 1426]. Eff 1-27-97.

This version of the statute was enacted in 1996 as part of Am. Sub. H.B. 350. In State ex rel. Ohio Academy of Trial Lawyers v. Sheward (1999), 86 Ohio St.3d 451, the Ohio Supreme Court held that "Am. Sub. H.B. No. 350 (the Tort Reform Act) violates the one-subject provision of § 15(D), art II of the Ohio Constitution, and is unconstitutional in toto." Because of that decision any pre-HB 350 versions and any post-HB 350 amendments to this statute are also shown.

This section concerned damages award reduction provisions.

The provisions of § 5(I)(1) of HB 350 (146 v --) read as follows:

SECTION 5. * * *

(I)(1) It is the intent of the General Assembly in repealing former section 2305.27 of the Revised Code in this act and in amending section 2317.45 of the Revised Code in this act to do all of the following:

(a) Abrogate the common law collateral source rule as adopted by the Supreme Court in Pryor v. Webber (1970), 23 Ohio St. 2d 104, and reaffirmed in Sorrell v. Thevenir (1994), 69 Ohio St. 3d 415, 421;

(b) Address the aspects of section 2317.45 of the Revised Code that the Supreme Court found in Sorrell v. Thevenir (1994), 69 Ohio St. 3d 415; May v. Tandy Corp. (1994), 69 Ohio St. 3d 415; and DePew v. Ogella (1994), 69 Ohio St. 3d 610, to be unconstitutional as being violative of the equal protection provision of Section 2, the right to a trial by jury provision of Section 5, and the due course of law, right to a remedy, and open courts provisions of Section 16 of Article I of the Ohio Constitution;

(c) Address the holding of the Court of Common Pleas of Lucas County in Samuels v. Coil Bar Corp. (1991), 61 Ohio Misc. 2d 407, by excluding actions for wrongful death from the operation of section 2317.45 of the Revised Code, as amended by this act. * * *