Ohio Tort Reform "Losing Our Democracy"

The insurance, pharmaceutical, and automotive industries have spent billions of dollars on propaganda and campaign contributions to eliminate the risk of lawsuits. In doing so, many Americans are foregoing their rights to pursue claims within the civil justice system because the propaganda has made them feel as if tort (injury suits) cases are unjust handouts that hurt the economy. Incredibly, tort cases make up less than 10 percent of all cases filed and are being filed even less frequently. The largest percentage of filings are corporations suing other corporations.

In Ohio, the Supreme Court has issued several business friendly decisions including Arbino v. Johnson and Johnson. Despite a long history of finding damage limitations (caps) unconstitutional, the Court, with strong financial support from the insurance and medical indutries, found that the recently passed damage laws were constitutional.

The effect of such legislation takes the voice of juries away. Despite the impression of the public that there are many runaway juries, the reality is that this a extremely rare event, and in those cases, there are safeguards already in place where the presiding judge can remove or reduce the verdict. By allowing the legislation and Judges who accept large campaign contributions to take away the american public's right to trial by jury is yet another example of us losing our democracy. The jury system is built on the concept that the educated public can deliberate and render the most objective decisions where the litigants can not resolve the disputes on their own. Legislation that takes away a jury's opportuninty to deliberate and make a decision is in essence saying that "the jury", i.e., the american public, is not smart enough to make these decisions.

There are many individuals that will never be convinced that the civil justice system is a necessary and critical element in deterring corporate conduct and compensating victims. By allowing companies to pay less for the injuries they cause, the financial burden is shifted to the american public through medicaid and medicare. Furthermore, the risk of a larger judgment is elimited and companies can predicate whether making a safer product is more expensive than selling a defective one and paying those individuals who will be injured. Those citizens who have petitioned for tort reform have likely never needed the system.

Unfortunately, people who need the system for long term care of injured family members are stigmitized for using their rights and questioning why they were hurt and their life changed for ever. It is a sad day in this country when corporate profits are placed ahead of the rights of individuals both in and outside the courtroom. I am hopeful that as the new change in this wonderful country takes place, that we will come to again recognize the beauty of asking questions and value deliberation and the right to govern ourselves.