Simpkins v. Grace Brethren Church of Delaware, Ohio

Summary

The Supreme Court of Ohio considered as-applied constitutional challenges to Ohio's statutory caps on noneconomic tort damages under R.C. 2315.18. The court held that the caps were constitutional as applied to a minor who was sexually assaulted and that the oral and vaginal penetrations constituted a single occurrence for purposes of applying the caps. The court affirmed the judgment of the Fifth District Court of Appeals.

Holdings

1. R.C. 2315.18(B)(2) is constitutional as applied to the facts of this case. Applying the cap did not violate the rights to a jury trial, open courts and a remedy, due process, or equal protection under the Ohio Constitution.
2. The oral and vaginal penetrations constituted a single occurrence for purposes of R.C. 2315.18(B)(2)'s noneconomic-damages cap.

Questions Presented

1. Whether applying R.C. 2315.18(B)(2)'s noneconomic-damages cap to a minor who was the victim of sexual assault violated the Ohio Constitution's rights to a jury trial, open courts and a remedy, due course of law, and equal protection.
2. Whether the oral and vaginal penetrations constituted separate occurrences under R.C. 2315.18(A)(5), permitting separate noneconomic-damages caps.

Disposition

affirmed