Is Law Imposing Treble Damages for Violations By a Public Utility a ‘Remedial’ or ‘Penalty’ Statute?
Cleveland Mobile Radio Sales, Inc., et al. v. Verizon Wireless et al. and Discount Cellular, Inc. v. Ameritech Mobile Communications, Inc., et al., Case nos. 2005-2299 and 2005-2302 8th District Court of Appeals (Cuyahoga County) ISSUE: Is a lawsuit filed against a public utility seeking mandatory treble damages under R.C. 4905.61 subject to the one-year filing deadline for actions brought “under a statute for a penalty or forfeiture,” or is such a suit subject to the six-year statute of limitations for actions seeking civil damages “other than a forfeit or penalty?” BACKGROUND: Many Ohio statutes that impose civil liability for negligent, reckless or intentional acts that harm another include a stated time limit or “statute of limitations” within which a person seeking to recover damages under that statute must file a lawsuit. In most cases, if a party claiming harm fails to file suit within the statute of limitations, that person is permanently barred from later suing for damages. Wh
