Summary
The Supreme Court of Ohio answered a certified-conflict question concerning whether the current version of Ohio Revised Code 2307.60 independently authorizes a civil action for damages caused by criminal acts. The court held that the statute’s plain and unambiguous language creates such a civil cause of action unless otherwise prohibited by law, and it affirmed the Ninth District Court of Appeals’ judgment. The court declined to resolve issues concerning how a claim under the statute must be proven.
Topics
Practice areas
Questions Presented
- Whether the current version of R.C. 2307.60 independently authorizes a civil action for damages caused by criminal acts, unless otherwise prohibited by law.
Holdings
- R.C. 2307.60(A)(1), by its plain and unambiguous terms, independently creates a statutory civil cause of action for damages resulting from any criminal act, unless a civil action is specifically excepted or otherwise prohibited by law.
Key quotations
“R.C. 2307.60(A)(1), by its plain and unambiguous terms, creates a statutory cause of action for damages resulting from any criminal act.” (¶ 10)
“By its plain and unambiguous language, R.C. 2307.60 creates a civil cause of action for damages resulting from any criminal act, unless otherwise prohibited by law.” (¶ 13)
Factual background
Jessica Jacobson alleged that, when she was seven years old and hospitalized in 2001, Ellen Kaforey and two hospitals unlawfully restrained her by preventing her mother from visiting her. She further alleged that Kaforey and Cleveland Clinic arranged for her to be sent to Florida without proper authority and that Kaforey and the hospitals unlawfully enticed her onto the airplane. Jacobson asserted civil claims under R.C. 2307.60 based on alleged violations of the criminal statutes governing unlawful restraint, kidnapping, and child enticement.
Procedural history
The trial court granted defendants' Civ.R. 12(B)(6) motions and dismissed the complaint, concluding that Ohio law did not permit civil actions predicated solely on alleged violations of criminal statutes. The Ninth District reversed and remanded, holding that the current version of R.C. 2307.60 independently authorizes a civil action for damages caused by criminal acts. The Ninth District certified a conflict with decisions from the Third, Fifth, and Tenth Districts, and the Supreme Court of Ohio accepted the certified question.
Remand instructions
The judgment of the Ninth District Court of Appeals was affirmed, leaving in place the remand to the trial court for further proceedings.