Allen Tittle, founding partner at Tittle & Perlmuter and president of the Ohio Association for Justice, testified before the Ohio Senate Judiciary Committee in August 2026 in support of Senate Bill 292, which would adjust Ohio's noneconomic damages caps to account for inflation while preserving the existing legal framework.
Tittle argued that the caps imposed in 2005 have eroded substantially over two decades, leaving injured Ohioans with compensation that no longer matches what legislators originally intended. He cited Ohio's constitutional guarantee of jury trial rights and explained how current law forces judges to reduce jury awards to statutory maximums, regardless of injury severity.
SB 292 would index damages caps to inflation, establish annual adjustments going forward, and remove absolute caps in certain medical malpractice cases. Tittle characterized the proposal as routine housekeeping—the kind of technical adjustment lawmakers regularly apply to other statutory limits.
To illustrate his argument, Tittle described three Ohio cases: a factory worker dealing with chronic pain after a severe accident, a sexual assault survivor managing post-traumatic stress disorder, and a patient who sustained traumatic brain injury due to medical negligence. In each case, a jury determined damages that were then capped at the same statutory ceiling, regardless of the actual harm sustained.
"Senate Bill 292 is not a radical bill. It is a fair bill," Tittle told the committee. "It keeps the caps in place and simply asks that the promise made by the General Assembly in 2005 have the same value today that it had then."
Tittle noted that the General Assembly regularly adjusts other legal limits tied to dollars, including personal income tax exemptions and campaign contribution limits. He argued that injured Ohioans ought to receive the same consideration.
A damages cap frozen for twenty years in an inflationary period effectively functions as a cap reduction, even without legislative action. Adjusting for inflation would restore something closer to the original statutory intent, at least in dollar terms.
The proposal reflects competing visions of Ohio's civil justice system. Business and insurance interests have historically pushed for damages caps to control litigation costs and keep Ohio competitive for corporate headquarters. Trial lawyers counter that caps insulate negligent actors from full accountability and leave injured people short-changed.
Scott Perlmuter, Tittle's law partner, issued a statement supporting the effort: "His testimony reflected the same principles that guide our firm each day: protecting constitutional rights, safeguarding access to justice, and ensuring that Ohio families receive fair treatment under law."
The Ohio Association for Justice, founded in 1953, has positioned itself as the institutional voice for maintaining robust civil litigation access in the state. The organization advocates for consumer rights, worker protections, and family interests through legislative advocacy, judicial training, and legal education.
Tittle's testimony was recorded and made publicly available as part of the legislative transparency process. SB 292 has not yet become law, and its path through committee and floor votes remains uncertain. The bill's prospects will depend partly on lobbying by business groups opposing the measure, budget impact analyses, and the broader political environment surrounding civil justice in Ohio.
