A Stark County jury awarded Ann Wayt $800,000 in compensatory damages and $750,000 in punitive damages in a defamation action she brought against Affinity Medical Center, where she had worked as a nurse. The case got to the Supreme Court of Ohio on the issue of whether the damages cap in R.C. 2315.18 (B)(2) that applies to noneconomic loss as a result of injury or loss to person or property in tort actions also applies  to compensatory damages awarded for defamation.

Affinity Medical argued that by the plain language of the statute, the cap clearly applied. Wayt argued the cap applies only to injuries to person or property, not reputation, which as set forth in Article I, Section 16 of the Ohio Constitution, is distinct from injuries to person, and therefore the cap does not apply.

On December 7, 2018, in a 5-2 decision, the Court sided with Affinity Medical.  Read more about the details of Wayt’s case and an analysis of the merit decision here.

The case was remanded to the trial court for further proceedings. On remand, the compensatory damages were capped at $250,000, and pursuant to R.C. 2315.21, the punitive damages were capped at $500,000. Wayt was also awarded of attorney fees in the amount of $210,000.