June 29, 2022

Raped as a youngster, girl hard Ohio law that restrictions jury awards

As a younger girl, Amanda Brandt suffered repeated sexual abuse at the arms of her finest friend’s father.

Roy Pompa drugged and raped girls – ages 6 to 13 – in his residence where he also videotaped the crimes. 

The trauma set Brandt on a route of self-destruction as an grownup, like heroin addiction, tried suicide and homelessness, she argues. In 2018, she filed a civil lawsuit in opposition to Pompa. The jury stated she deserved $134 million for her agony and struggling.

But an Ohio legislation passed in 2005 limits how considerably plaintiffs – such as survivors of child rape – can be awarded for soreness and struggling.

Brandt’s damages for the abuse that took place right after the legislation took influence have been knocked down from $20 million to $250,000. The $14 million in noneconomic damages pre-2005 and the $100 million in punitive damages ended up unchanged.

The Ohio Supreme Court will consider whether to uphold a 2005 law that caps monetary awards in civil lawsuits for pain and suffering. A survivor of child rape sued her molester but the jury award was reduced under the law.

Brandt is tough the law prior to the Ohio Supreme Courtroom, which will listen to oral arguments in the case on Wednesday morning.

Brandt is asking justices to overturn two previous rulings. In 2007, the courtroom upheld the general law. In 2016, in an additional youngster sexual assault case, the caps on damages have been upheld but the ruling remaining the doorway open up for a further challenge.