Ohio § 2315.35 Diminishing compensatory damages by percentage of tortious conduct

Ohio Statutes

§ 2315.35 — Diminishing compensatory damages by percentage of tortious conduct

Ohio § 2315.35

Title 23Courts-Common Pleas

Ch. 2315Trial Procedure

This text of Ohio § 2315.35 (Diminishing compensatory damages by percentage of tortious conduct) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 2315.35 (2026).

Text

After the court makes its findings of fact or after the jury returns its general verdict accompanied by answers to interrogatories as described in section2315.34of 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 section2307.23of 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 

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After the court makes its findings of fact or after the jury returns its general verdict accompanied by answers to interrogatories as described in section2315.34of 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 section2307.23of 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.