Ohio § 2744.05

§ 2744.05.

Notwithstanding any other provisions of the Revised Code or rules of a court to the

contrary, in an action against a political subdivision to recover damages for injury,

death, or loss to person or property caused by an act or omission in connection with

a governmental or proprietary function: (A) Punitive or exemplary damages shall not be awarded. (B)(1) If a claimant receives or is entitled to receive benefits for injuries or loss allegedly

incurred from a policy or policies of insurance or any other source, the benefits

shall be disclosed to the court, and the amount of the benefits shall be deducted

from any award against a political subdivision recovered by that claimant.  No insurer or other person is entitled to bring an action under a subrogation provision

in an insurance or other contract against a political subdivision with respect to

those benefits. The amount of the benefits shall be deducted from an award against a political subdivision

under division (B)(1) of this section regardless of whether the claimant may be under

an obligation to pay back the benefits upon recovery, in whole or in part, for the

claim.  A claimant whose benefits have been deducted from an award under division (B)(1)

of this section is not considered fully compensated and shall not be required to reimburse

a subrogated claim for benefits deducted from an award pursuant to division (B)(1)

of this section. (2) Nothing in division (B)(1) of this section shall be construed to do either of the

following: (a) Limit the rights of a beneficiary under a life insurance policy or the rights of

sureties under fidelity or surety bonds; (b) Prohibit the department of medicaid from recovering from the political subdivision,

pursuant to section 5160.37 of the Revised Code , the cost of medical assistance provided under a medical assistance program. (C)(1) There shall not be any limitation on compensatory damages that represent the actual

loss of the person who is awarded the damages.  However, except in wrongful death actions brought pursuant to Chapter 2125. of the

Revised Code, damages that arise from the same cause of action, transaction or occurrence,

or series of transactions or occurrences and that do not represent the actual loss

of the person who is awarded the damages shall not exceed two hundred fifty thousand

dollars in favor of any one person.  The limitation on damages that do not represent the actual loss of the person who

is awarded the damages provided in this division does not apply to court costs that

are awarded to a plaintiff, or to interest on a judgment rendered in favor of a plaintiff,

in an action against a political subdivision. (2) As used in this division, “the actual loss of the person who is awarded the damages ” includes all of the following: (a) All wages, salaries, or other compensation lost by the person injured as a result

of the injury, including wages, salaries, or other compensation lost as of the date

of a judgment and future expected lost earnings of the person injured; (b) All expenditures of the person injured or another person on behalf of the person

injured for medical care or treatment, for rehabilitation services, or for other care,

treatment, services, products, or accommodations that were necessary because of the

injury; (c) All expenditures to be incurred in the future, as determined by the court, by the

person injured or another person on behalf of the person injured for medical care

or treatment, for rehabilitation services, or for other care, treatment, services,

products, or accommodations that will be necessary because of the injury; (d) All expenditures of a person whose property was injured or destroyed or of another

person on behalf of the person whose property was injured or destroyed in order to

repair or replace the property that was injured or destroyed; (e) All expenditures of the person injured or of the person whose property was injured

or destroyed or of another person on behalf of the person injured or of the person

whose property was injured or destroyed in relation to the actual preparation or presentation

of the claim involved; (f) Any other expenditures of the person injured or of the person whose property was

injured or destroyed or of another person on behalf of the person injured or of the

person whose property was injured or destroyed that the court determines represent

an actual loss experienced because of the personal or property injury or property

loss. “The actual loss of the person who is awarded the damages” does not include any fees

paid or owed to an attorney for any services rendered in relation to a personal or

property injury or property loss, and does not include any damages awarded for pain

and suffering, for the loss of society, consortium, companionship, care, assistance,

attention, protection, advice, guidance, counsel, instruction, training, or education

of the person injured, for mental anguish, or for any other intangible loss.