Nursing Home Insurance

Ohio Cap on Punitive Damages Upheld

The Sixth Circuit Court of Appeals has issued a decision upholding punitive damage caps for an Ohio assisted living facility.

The jury in Freudeman v Emeritus Senior Living awarded $400,000 in compensatory damages for a survivorship claim, $280,000 in wrongful death damages and $1,250,000 in punitive damages. On appeal the punitive damages were reduced to $800,000 upholding Ohio’s cap of two times compensatory damages.

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