SIMPKINS ET AL., APPELLANTS, v. GRACE BRETHREN CHURCH OF DELAWARE, OHIO, APPELLEE, ET AL.
No. 2014-1953
Supreme Court of Ohio
Submitted December 15, 2015—Decided December 14, 2016
2016-Ohio-8118 | 149 Ohio St.3d 307
{¶ 27} In contrast, the stipulations here do not establish that Snavely‘s misconduct occurred before she attained sobriety or that there was a causal connection between her addiction and the attempted forgery offense, nor do the stipulations reflect that Snavely gave full and free disclosure to the Board of Professional Conduct or had a cooperative attitude toward the disciplinary proceedings, which is significant because she has claimed not to remember committing the attempted forgery offense and appears to have made untrue statements to relator during the investigation.
{¶ 28} Accordingly, I would remand this matter to the board to determine whether Snavely committed the attempted forgery offense before attaining sobriety and whether she cooperated with the disciplinary investigation and to consider whether a more severe sanction is warranted.
KENNEDY, J., concurs in the foregoing opinion.
Michael T. Judy Co., L.P.A., and Michael T. Judy, for relator.
Dunson Law, L.L.C., and Joseph P. Dunson, for respondent.
SIMPKINS ET AL., APPELLANTS, v. GRACE BRETHREN CHURCH OF DELAWARE, OHIO, APPELLEE, ET AL.
[2016-Ohio-8118.]
FRENCH, J.
{¶ 1} This appeal presents as-applied constitutional challenges to the caps on noneconomic tort damages set out in
Background: noneconomic-damage caps
{¶ 2} The General Assembly enacted
{¶ 3}
{¶ 4}
[T]he amount of compensatory damages that represents damages for noneconomic loss * * * shall not exceed the greater of two hundred fifty thousand dollars or an amount that is equal to three times the economic loss, as determined by the trier of fact, of the plaintiff in that tort action to a maximum of three hundred fifty thousand dollars for each plaintiff in that tort action or a maximum of five hundred thousand dollars for each occurrence that is the basis of that tort action.
{¶ 5} The damage caps on noneconomic loss do not apply when the noneconomic loss is for “[p]ermanent and substantial physical deformity, loss of use of a limb, or loss of a bodily organ system” or for “[p]ermanent physical functional injury that permanently prevents the injured person from being able to independently care for self and perform life-sustaining activities.”
{¶ 6} In limiting the recovery of damages for noneconomic loss, the General Assembly noted that awards for pain and suffering “are inherently subjective” and that noneconomic damages may be inflated by “improper consideration of evidence of wrongdoing.” S.B. 80, Section 3(A)(6)(d), 150 Ohio Laws, Part V, at 8028. It further stated that “[i]nflated damage awards create an improper resolution of civil justice claims,” leading to increased litigation costs and insurance premiums. S.B. 80, Section 3(A)(6)(e), 150 Ohio Laws, Part V, at 8028.
Facts and procedural history
{¶ 7} This case began when appellants, Jessica Simpkins (“Simpkins“) and her father, Gene Simpkins, sued Sunbury Grace Brethren Church (“Sunbury Grace“); Brian Williams; appellee, Grace Brethren Church of Delaware, Ohio (“Delaware Grace“); and Darrell Anderson in the Ross County Court of Common Pleas.
{¶ 8} The catalyst for appellants’ claims occurred in March 2008 when Williams—then the senior pastor at Sunbury Grace—forced oral and vaginal intercourse with Simpkins, then a 15-year-old parishioner, in his office. Simpkins testified that she was seated in front of Williams‘s desk for a counseling session regarding her falling grades and unresolved issues at home regarding her parents’ separation when Williams walked around the desk, put his hand on her shoulder, and told her to suck his penis. After repeatedly refusing, Simpkins eventually complied because she thought it was her only option to get out of the office. Simpkins testified that she then ran for the door but Williams blocked
{¶ 9} Appellants voluntarily dismissed their case without prejudice after settling their claims against Sunbury Grace for $90,000 and after the trial court had granted partial summary judgment in favor of Delaware Grace. Appellants refiled their claims against Delaware Grace and Anderson, a former senior pastor at Delaware Grace, in the Delaware County Court of Common Pleas. This appeal concerns only appellants’ claim against Delaware Grace for negligent hiring, retention, and supervision of Williams—the only claim that survived summary judgment in the trial court.
{¶ 10} Prior to becoming the senior pastor of Sunbury Grace, Williams was employed by Delaware Grace as a youth pastor beginning in 1988, later becoming an associate pastor. In the fall of 2004, while still an employee of Delaware Grace, Williams worked on “planting” the new Sunbury Grace church, with Delaware Grace‘s knowledge and support and with assurance from the Delaware Grace Elder Board that it would support him in starting the new church. Delaware Grace provided the primary financial support for the creation of Sunbury Grace. And a pastor from Delaware Grace served as Williams‘s supervisor for at least a year after he became the senior pastor at Sunbury Grace.
{¶ 11} Appellants allege that Delaware Grace knew or should have known that Williams was unqualified to serve as a pastor and that Delaware Grace was negligent in retaining Williams as an employee and in assisting Williams to become the senior pastor at Sunbury Grace. In support of that claim, appellants allege that prior to the fall of 2004, Delaware Grace was aware of at least two incidents during which Williams, while in its employ, engaged in inappropriate sexual behavior with young women.
{¶ 12} The first incident allegedly occurred during a mission trip in the early 1990s. Jeffrey Gill, the senior pastor at Delaware Grace from 1982 to 2002, testified that a teenage girl from another Grace Brethren church accused Williams of touching her inappropriately while on the mission trip. Williams admitted to Gill that he rubbed the girl‘s shoulders, but he denied any impropriety. Gill and Williams met with the pastor from the other church, the teenage girl, and her mother, and Williams read a prepared statement of apology. After that meeting, Gill felt that the accusations against Williams were resolved.
{¶ 13} The second alleged incident of sexual impropriety occurred in May 2002. Anderson, the former senior pastor at Delaware Grace, testified about a young woman‘s substantiated allegations of inappropriate sexual comments and touching
{¶ 14} In September 2004, Delaware Grace executed a letter of understanding with Williams regarding the planting of Sunbury Grace. At that time, Anderson, who had personal knowledge of the 2002 incident, was the acting senior pastor of Delaware Grace. Anderson also served as Williams‘s supervisor for a period of time following the execution of the letter of understanding, while Williams was attending to Sunbury Grace business. The Delaware Grace Elder Board supported Williams as head pastor of Sunbury Grace. Underwood, however, stated that he would not have supported Williams in his goal to become head pastor of Sunbury Grace had he known about Williams‘s prior incidents of inappropriate sexual misconduct.
{¶ 15} The trial court conducted a jury trial on appellants’ claim of negligent hiring, retention, and supervision, and the jury returned a verdict for appellants. The jury found that Simpkins 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 jury awarded Gene Simpkins $75,000 for loss of consortium.
{¶ 16} Before entering judgment, the trial court set off $1,378.85 based on appellants’ settlement with Sunbury Grace and it applied the cap in
{¶ 17} Appellants and Delaware Grace appealed, and the Fifth District affirmed the judgment in part and reversed it in part and remanded the cause. 2014-Ohio-3465, 16 N.E.3d 687. The court of appeals held that the trial court erred by refusing to submit to the jury the issue of apportionment of liability between Williams and Delaware Grace and by granting summary judgment in
{¶ 18} This court accepted jurisdiction to consider two propositions of law. 142 Ohio St.3d 1464, 2015-Ohio-1896, 30 N.E.3d 973. The first contends that application of the
Analysis
Constitutional Challenges
{¶ 19} Appellants’ first proposition of law states that as applied to damages awarded to minors who are victims of sexual assault,
{¶ 20} A party may challenge the constitutionality of a statute with either a facial challenge or an as-applied challenge. Arbino v. Johnson & Johnson, 116 Ohio St.3d 468, 2007-Ohio-6948, 880 N.E.2d 420, ¶ 26. A facial challenge asserts that there is no conceivable set of circumstances in which the statute would be valid. Id. An as-applied challenge, on the other hand, alleges that application of the statute in a particular factual context is unconstitutional. Yajnik v. Akron Dept. of Health, Hous. Div., 101 Ohio St.3d 106, 2004-Ohio-357, 802 N.E.2d 632, ¶ 14, citing Ada v. Guam Soc. of Obstetricians & Gynecologists, 506 U.S. 1011, 113 S.Ct. 633, 121 L.Ed.2d 564 (1992) (Scalia, J., dissenting). A holding that a statute is unconstitutional as applied prevents future application of the statute in a similar context, but it does not render the statute wholly inoperative. Yajnik at ¶ 14, citing Ada (Scalia, J., dissenting).
{¶ 21} In Arbino, this court rejected facial constitutional challenges to
{¶ 22} A party raising an as-applied constitutional challenge must prove by clear and convincing evidence that the statute is unconstitutional when applied to an existing set of facts. Groch v. Gen. Motors Corp., 117 Ohio St.3d 192, 2008-Ohio-546, 883 N.E.2d 377, ¶ 181. As in Arbino, we remain mindful when addressing appellants’ constitutional challenges that all statutes are entitled to a strong presumption of constitutionality. Arbino at ¶ 25.
Trial by jury
{¶ 23} We begin our analysis of appellants’ constitutional challenges with their argument that as applied to Simpkins‘s damages, the damage cap in
{¶ 24} A law that prevents the jury from determining issues of fact or that allows a judge to substitute his or her own findings of fact for those of the jury is unconstitutional. Arbino at ¶ 35. But a trial court may alter an award of damages as a matter of law “[s]o long as the fact-finding process is not intruded upon and the resulting findings of fact are not ignored or replaced by another body‘s findings.” Id. at ¶ 37.
{¶ 25} Despite our holding in Arbino, appellants argue that as applied to Simpkins‘s damages,
{¶ 27} For these reasons, appellants have not demonstrated by clear and convincing evidence that
Open courts and right to remedy
{¶ 28} We next address appellants’ argument that application of
{¶ 29} The constitutional right to a remedy “requires an opportunity granted at a meaningful time and in a meaningful manner.” Hardy v. VerMeulen, 32 Ohio St.3d 45, 47, 512 N.E.2d 626 (1987), overruled on other grounds, Ruther v. Kaiser, 134 Ohio St.3d 408, 2012-Ohio-5686, 983 N.E.2d 291. Article I, Section 16 prohibits statutes that “effectively prevent individuals from pursuing relief for their injuries,” Arbino, 116 Ohio St.3d 468, 2007-Ohio-6948, 880 N.E.2d 420, at ¶ 44, but it “does not provide for remedies without limitation or for any perceived injury,” Ruther at ¶ 12. The General Assembly has the authority to determine what causes of action the law will recognize, to alter the common law by abolishing, defining or limiting those causes of action, and to determine what remedies are available. Id. at ¶ 13-14. See also Strock v. Pressnell, 38 Ohio St.3d 207, 214, 527 N.E.2d 1235 (1988) (holding that
{¶ 30} Appellants claim that the reduction of the jury‘s award of noneconomic damages from $3.5 million to $350,000 denies Simpkins a meaningful remedy and violates her constitutional rights to open courts and a remedy. This court has
{¶ 31} As with the right to trial by jury, appellants do not demonstrate that
{¶ 32} As a final argument that application of
{¶ 33} Appellants have not demonstrated that application of
Due course of law
{¶ 34} Appellants next challenge application of
{¶ 35} Unless a law challenged on due-process grounds restricts the exercise of a fundamental right, courts apply a rational-basis test and the law is constitutional if it is reasonably related to a legitimate governmental interest. State v. Lowe, 112 Ohio St.3d 507, 2007-Ohio-606, 861 N.E.2d 512, ¶ 18, citing Am. Assn. of Univ. Professors, Cent. State Univ. Chapter v. Cent. State Univ., 87 Ohio St.3d 55, 57, 717 N.E.2d 286 (1999).
{¶ 36} In Arbino, after determining that
{¶ 37} In enacting S.B. 80, the General Assembly reviewed evidence demonstrating that uncertainty related to the civil-litigation system was harming the economy: “It noted that noneconomic damages are inherently subjective and thus easily tainted by irrelevant considerations. The implicit, logical conclusion is that the uncertain and subjective system of evaluating noneconomic damages was contributing to the deleterious economic effects of the tort system.” Arbino at ¶ 55. We thus held that the General Assembly acted in the public interest when, based on its review of the evidence, it enacted
{¶ 38} Appellants argue that the real and substantial relationship between
{¶ 39} The second prong of the rational-basis test asks whether the challenged statute is arbitrary or unreasonable. Appellants again focus on the nature of sexual abuse and argue that it does not typically result in serious physical injury or pecuniary harm, but instead results in serious psychological injuries. They maintain that it is irrational to require a physical injury of the kind listed in
{¶ 40} In Morris v. Savoy, 61 Ohio St.3d 684, 686, 690-691, 576 N.E.2d 765 (1991), this court concluded that statutory caps on general damages in medical claims that were enacted as a means of reducing soaring malpractice-insurance rates violated the right to due process. After noting the absence of any evidence of a rational connection between damage awards in excess of the caps and malpractice-insurance rates, this court held, “[I]t is irrational and arbitrary to impose the cost of the intended benefit to the general public solely upon a class consisting of those most severely injured by medical malpractice.” Id. at 691, quoting Nero v. Pritchard, 5th Dist. Stark No. CA-6560 (June 10, 1985). In Arbino, however, we distinguished Morris, stating that
{¶ 41} Appellants state that “[n]o person of good conscience” could characterize Simpkins‘s injuries as “noncatastrophic,” but their argument misses the point. Appellants’ as-applied challenge essentially asserts that the General Assembly acted unreasonably and arbitrarily by distinguishing between catastrophic physical and catastrophic nonphysical injuries for purposes of applying caps on noneconomic damages. But in Arbino, we held that the General Assembly distinguished between plaintiffs who suffered the catastrophic physical injuries specified in
{¶ 42} Appellants also seize upon the Fifth District‘s acknowledgment that “there may be nonphysical injuries the effects of which approximate those listed in
{¶ 43}
{¶ 44} The Fifth District acknowledged the testimony of Dr. Jeffrey Smalldon, a psychologist who examined Simpkins, who testified that Simpkins suffers from posttraumatic stress disorder and low-grade depression as a result of the sexual assault by Williams. The court also noted evidence that Simpkins is afraid of the dark, suffers from anxiety, and has trust issues with men. But it also recognized evidence that “Simpkins played basketball in high school and college, got good grades in college, is currently employed full-time, has not sought or participated in mental health treatment or counseling since 2008 and does not have current plans to seek treatment.” 2014-Ohio-3465, 16 N.E.3d 687, at ¶ 78. Based on that evidence, the court concluded that Simpkins “is able to independently care for herself and perform life-sustaining activities.” Id. While we do not doubt the reality and seriousness of Simpkins‘s emotional and psychological injuries as a result of Williams‘s conduct, Simpkins‘s noneconomic injuries do not meet the “extreme qualifications” that the law requires in order to avoid the operation of the damage caps in
Equal protection
{¶ 46} Appellants’ final constitutional challenge asserts that as applied here,
{¶ 47} As in Arbino, because
{¶ 48} The guarantee of equal protection requires the existence of reasonable grounds for making a legislative distinction between those within and those outside a designated class. Morris, 61 Ohio St.3d at 691, citing State v. Buckley, 16 Ohio St.2d 128, 243 N.E.2d 66 (1968). A party who challenges a statute on equal-protection grounds must demonstrate “either that there was no rational basis for the creation of the class itself or that those within the class are not being treated equally in the furtherance of a legitimate governmental interest.” Id. We will set aside legislative classifications only if they are “based solely on reasons totally unrelated to the pursuit of the State‘s goals and only if no grounds can be conceived to justify them.” Clements v. Fashing, 457 U.S. 957, 963, 102 S.Ct. 2836, 73 L.Ed.2d 508 (1982).
{¶ 49}
{¶ 50} Appellants argue that when applied to damages awarded to victims like Simpkins,
{¶ 51} In his dissenting opinion, Justice O‘Neill expresses the broad concern, previously noted in Justice Pfeifer‘s dissent in Arbino at ¶ 170, that the General Assembly lacks authority to place limits on jury-determined tort damages. Dissenting opinion of Justice O‘Neill at ¶ 66. He suggests that the authority to do so resides entirely in the constitutional-amendment process. Id. at ¶ 68. But that view did not prevail in Arbino. And our decision in Arbino rejecting facial challenges to the statutory caps on noneconomic tort damages in
Occurrences
{¶ 52} Under their second proposition of law, appellants argue that even if the damage caps in
{¶ 53} The plain statutory language of
{¶ 54} Except as provided in
{¶ 55} Appellants argue that Williams‘s oral and vaginal penetrations of Simpkins constitute separate occurrences because they gave rise to separate criminal counts and were determined to be of dissimilar import in Williams‘s criminal case. They therefore argue that separate $350,000 caps should be applied to each occurrence. But even if appellants were correct that the existence of two “occurrences” would entitle Simpkins to noneconomic damages up to the damage cap for each occurrence despite the per-plaintiff maximum of $350,000, both the trial court and the court of appeals correctly held that this case involves a single “occurrence.”
{¶ 56} Appellants cite Madvad v. Russell, 9th Dist. Lorain No. 96CA006652, 1997 WL 760898 (Nov. 19, 1997), as support for their multiple-occurrences theory, but that case is inapposite. The issue in Madvad was whether a separate limitations period applied to multiple sexual assaults that occurred throughout the victim‘s childhood. The Ninth District reasoned that “[b]ecause one offensive contact is all that is required to commit a battery, it would seem that each abusive act resulting in an offensive contact constitutes one separate and independent tort.” Id. at *2. Essentially, the court held that each assault gave rise to its own tort claim. But pursuant to
{¶ 57} The oral and vaginal penetrations in this case occurred within a short period of time, in a confined space, without intervening factors, and there is no evidence that Williams‘s separate criminal acts affected Simpkins differently. Dr. Smalldon did not attribute separate injury to the separate incidents of penetration, and he opined that Simpkins‘s posttraumatic stress disorder is a direct result “of the incident with Brian Williams.” (Emphasis added.) For these reasons, we conclude that the trial court and the Fifth District appropriately applied a single damage cap under
Conclusion
{¶ 58} Having rejected each of appellants’ as-applied constitutional challenges to
Judgment affirmed.
KENNEDY, J., concurs.
LANZINGER, J., concurs in judgment only, with an opinion.
O‘CONNOR, C.J., and O‘DONNELL, J., would dismiss the cause as having been improvidently accepted.
PFEIFER, J., dissents, with an opinion.
O‘NEILL, J., dissents, with an opinion joined by PFEIFER, J.
LANZINGER, J., concurring in judgment only.
{¶ 59} I concur in the court‘s judgment affirming the judgment of the Fifth District Court of Appeals, but I respectfully decline to join the lead opinion‘s constitutional analysis.
{¶ 60} The lead opinion notes that we have recently held that the Ohio Constitution provides a juvenile a broader right to counsel than that afforded by the Due Process Clause of the Fourteenth Amendment to the United States Constitution. See State v. Bode, 144 Ohio St.3d 155, 2015-Ohio-1519, 41 N.E.3d 1156, ¶ 23-24. The lead opinion dismisses Bode as a case in which this court “deviated from the general rule,” lead opinion at ¶ 34, and it accordingly bases its analysis on federal constitutional law. But Bode is just one instance in which we
{¶ 61} It is axiomatic that “[t]he Ohio Constitution is a document of independent force” and that under their own states’ constitutions, “state courts are unrestricted in according greater civil liberties and protections to individuals and groups.” Arnold v. Cleveland, 67 Ohio St.3d 35, 616 N.E.2d 163 (1993), paragraph one of the syllabus. In addition to our holdings in Bode and Mole, in recent years we have also held that the Ohio Constitution “provides greater protection than the Fourth Amendment to the United States Constitution against warrantless arrests for minor misdemeanors,” State v. Brown, 99 Ohio St.3d 323, 2003-Ohio-3931, 792 N.E.2d 175, syllabus; that the Ohio Constitution provides greater protection to criminal defendants than the Fifth Amendment to the United States Constitution, State v. Farris, 109 Ohio St.3d 519, 2006-Ohio-3255, 849 N.E.2d 985, ¶ 48; that the Ohio Constitution provides protections from government appropriation of private property in certain circumstances when such takings are expressly permitted under federal law, Norwood v. Horney, 110 Ohio St.3d 353, 2006-Ohio-3799, 853 N.E.2d 1115, paragraph one of the syllabus and ¶ 5, 76-80; and that the Ohio Constitution requires the merger of allied offenses and thereby affords juveniles greater double-jeopardy protections than those granted in the federal constitution, In re A.G., 148 Ohio St.3d 118, 2016-Ohio-3306, 69 N.E.3d 646, ¶ 11-13. In line with these decisions, I would affirm that as a document of independent force, the Ohio Constitution contains additional protections not found in its federal counterpart.
{¶ 62} Although we held in Bode and Mole that the Ohio Constitution affords greater rights in certain circumstances in criminal cases, we have not previously held that the Ohio Constitution provides minors asserting tort claims greater protection than that afforded by the United States Constitution, and appellants do not present a compelling argument for us to do so now. I would, accordingly, hold that Arbino v. Johnson & Johnson, 116 Ohio St.3d 468, 2007-Ohio-6948, 880 N.E.2d 420, controls in this case. For these reasons, I concur only in the court‘s judgment affirming the judgment of the court of appeals.
PFEIFER, J., dissenting.
{¶ 63} I join Justice O‘Neill‘s excellent dissent.
{¶ 64} “Tort reform,” however misguided and unconstitutional, was designed to protect doctors and corporate interests. See Arbino v. Johnson & Johnson, 116 Ohio St.3d 468, 2007-Ohio-6948, 880 N.E.2d 420, ¶ 163 (Pfeifer, J., dissenting). Today, we learn that “tort reform,” not surprisingly, had unintended conse-
O‘NEILL, J., dissenting.
{¶ 65} I must dissent from the lead opinion‘s conclusion on the first proposition of law. I cannot accept the proposition that a teenager who is raped by a pastor fits into a preordained formula for damages. Are we really ready to affirm the legislature‘s decision to say to a future victim, “We don‘t know you, we don‘t know the facts of your case, and we don‘t know what a duly empaneled jury is going to say, but your damages are a maximum of $500,000?” No parent of a teenage daughter would accept that outcome as being just.
{¶ 66} A plaintiff‘s damages, in terms of pain and suffering and future medical costs, could be astronomical. Or they could be nothing. Our system of civil justice leaves that question for the jury to decide, not the General Assembly. That is the point: a cookie-cutter approach simply does not work. In this case, a duly empaneled jury heard all the facts and found the damages to be over $3.6 million. By reducing that award to $500,000, the trial court has removed the jury from the process. If the General Assembly can limit damages for claims to $500,000, or $350,000, what would prevent it from limiting damages to $1? Would the court find that result to be constitutional? As stated by Justice Pfeifer in his well-reasoned dissent in Arbino v. Johnson & Johnson, 116 Ohio St.3d 468, 2007-Ohio-6948, 880 N.E.2d 420, ¶ 170, “the General Assembly does not have this power; only the people by the amendment process have this power. After today, what meaning is left in a litigant‘s constitutional right to have a jury determine damages?”
{¶ 67} Justice Pfeifer further noted in his dissent in Arbino:
“So long as the trial by jury is a part of our system of jurisprudence, its constitutional integrity and importance should be jealously safeguarded. The right of trial by jury should be as inviolate in the working of our courts as it is in the wording of our Constitutions.” Gibbs v. Girard (1913), 88 Ohio St. 34, 47, 102 N.E. 299. Instead of jealously safeguarding the right to trial by jury, the majority opinion in this case eviscerates it by holding constitutional a statute that enables courts to “enter judgments in disregard of the jury‘s verdict.” Sorrell v. Thevenir (1994), 69 Ohio St.3d 415, 422, 633 N.E.2d 504. Instead of jealously safeguarding the right to trial by jury, the majority opinion employs shallow reasoning and shoddy logic in concluding that juries can meaningfully determine only facts that
do not conflict with predetermined assessments of the General Assembly. Instead of jealously safeguarding the right to trial by jury, the majority opinion “cleans the scalpel for the legislature to cut away unrestrainedly at the whole field of tort redress.” Meech v. Hillhaven W., Inc. (1989), 238 Mont. 21, 52, 776 P.2d 488 (Sheehy, J., dissenting).
Arbino at ¶ 163.
{¶ 68} The only way to bypass the Ohio Constitution and make changes to the tort system in Ohio would be by constitutional amendment. Unless and until that happens, arbitrary caps on damages are unconstitutional.
{¶ 69} This child was raped in a church office by a minister, and a duly empaneled jury established an appropriate level of compensation for the loss of her childhood innocence. We have no right to interfere with that process. Shame on the General Assembly. The children are watching. And I for one do not like what they are seeing.
{¶ 70} I would reverse the decision of the trial court and reinstate the judgment of the jury.
PFEIFER, J., concurs in the foregoing opinion.
The Fitch Law Firm and John K. Fitch; David A. Fitch; and Taft, Stettinius & Hollister, L.L.P., Stephen C. Fitch, and Celia M. Kilgard, for appellants.
Weston Hurd, L.L.P., and W. Charles Curley, for appellee.
Harris, Meyer, Heckman & Denkewalter, L.L.C., and Darrell L. Heckman, urging reversal for amicus curiae National Center for Victims of Crime.
The DiCello Law Firm and Robert F. DiCello, urging reversal for amicus curiae Ohio Association for Justice.
Tucker Ellis, L.L.P., Susan M. Audey, and Benjamin C. Sassé, urging affirmance for amicus curiae Academy of Medicine of Cleveland & Northern Ohio.
Bricker & Eckler, L.L.P., Anne Marie Sferra, and Kara Herrnstein, urging affirmance for amici curiae Ohio Alliance for Civil Justice and Ohio Association of Civil Trial Attorneys.