Wayt v. DHSC, L.L.C. (Slip Opinion)
122 N.E.3d 92
Ohio2018Background
- Ann Wayt, a nurse, was terminated by Affinity Medical after allegations of neglect and falsifying a medical record; the hospital reported the conduct to the Ohio Board of Nursing.
- Wayt later had limited employment success; the NLRB action led to a federal court order reinstating Wayt and requiring Affinity to retract its report.
- Wayt sued Affinity for defamation; the jury found for Wayt and awarded $800,000 in compensatory damages and $750,000 in punitive damages.
- Affinity moved posttrial to apply statutory caps on noneconomic compensatory damages (R.C. 2315.18(B)(2)) and on punitive damages (R.C. 2315.21(D)); the trial court and court of appeals declined to apply the caps.
- The Supreme Court of Ohio granted review on whether R.C. 2315.18(B)(2)’s noneconomic-damage cap applies to defamation and held that the statute unambiguously covers defamation damages, reversing as to compensatory damages and remanding.
Issues
| Issue | Plaintiff's Argument (Wayt) | Defendant's Argument (Affinity) | Held |
|---|---|---|---|
| Whether R.C. 2315.18(B)(2)’s cap on noneconomic damages applies to defamation actions | R.C. 2315.18 applies only to injuries to person or property; reputation is distinct under Article I, §16, so defamation (injury to reputation) is outside the cap | The statute’s plain language covers ‘‘injury or loss to person,’’ and under long-standing Ohio precedent defamation is an injury to a person, so the noneconomic cap applies | The court held the statute unambiguously caps noneconomic damages for defamation (R.C. 2315.18(B)(2) applies) |
Key Cases Cited
- Smith v. Buck, 119 Ohio St. 101 (1928) (held that "personal injury" includes injury to reputation and supports treating defamation as injury to the person)
- Nadra v. Mbah, 119 Ohio St.3d 305 (2008) (cited Buck for proposition that personal injury includes bodily and reputational injuries)
- Becker v. Toulmin, 165 Ohio St. 549 (1956) (defamation per se presumes damages)
- Bernardini v. Conneaut Area City School Dist. Bd. of Edn., 58 Ohio St.2d 1 (1979) (statutory interpretation principle: give effect to words used; do not insert words)