After the court makes its findings of fact or after the jury returns its general verdict accompanied by answers to interrogatories as described in section 2315.34 of the Revised Code, the court shall diminish the total amount of the compensatory damages that would have been recoverable by an amount that is proportionately equal to the percentage of tortious conduct determined under section 2307.23 of the Revised Code that is attributable to the plaintiff. If the percentage of the tortious conduct determined to be attributable to the plaintiff is greater than the sum of the percentages of the tortious conduct determined to be attributable to all parties to the tort action from whom the plaintiff seeks recovery plus all persons from whom the plaintiff does not seek recovery in this action, the court shall enter judgment in favor of the defendants.
Ohio Rev. Code Ann. § 2315.35
Diminishing compensatory damages by percentage of tortious conduct
Applied in 1 court decision — leading case 609 F. Supp. 2d 1235 - Estate of Miller Ex Rel. Miller v. Thrifty Rent-A-Car System, Inc. (2009)
Most recently applied in 609 F. Supp. 2d 1235 - Estate of Miller Ex Rel. Miller v. Thrifty Rent-A-Car System, Inc. (April 2009)
Effective: April 9, 2003; Latest Legislation: Senate Bill 120 - 124th General Assembly
Official source: Ohio Laws & Administrative Rules (Legislative Service Commission). Reproduced from public-domain Ohio statutes; confirm against the official source for the current text. Not legal advice.