Simpkins v. Grace Brethren Church of Delaware, Ohio (Slip Opinion)

{¶ 1} This appeal presents as-applied constitutional challenges to the caps on noneconomic tort damages set out in R.C. 2315.18(B). In this opinion, we consider whether application of the damage caps to damages awarded to a minor who was the victim of sexual assault violates the minor’s constitutional rights to a jury trial, to a remedy and open courts, to equal protection, and to due process. We also review and apply the statutory definition of “occurrence” in R.C. 2315.18(A)(5). We do not consider here whether there may exist any set of facts under which application of the statutory damage…