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October 22, 2002

 



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Ohio News | Article published Tuesday, October 22, 2002
Group suggests link of tort reform, candidate

BLADE COLUMBUS BUREAU

Picture

Informed Citizens of Ohio, a pro-business group, tries to tie medical malpractice tort reform to the Ohio Supreme Court election in its issue ad.
ZOOM 1
This 30-second ad, titled "Empty Office," is the first from Informed Citizens of Ohio, an anonymously financed, pro-business organization fronted by Akron industrialist and charter school magnate David Brennan.

Airing in all major markets, it attempts to tie medical malpractice tort reform to the current Ohio Supreme Court election and suggests, without coming right out and saying it, that Justice Evelyn Stratton would be the right vote for those concerned about that issue.

A nonprofit-issue advocacy organization, which does not have to identify its backers, cannot expressly advocate for the election or defeat of a candidate. The ad, run independently of Justice Stratton’s own campaign, never mentions her Democratic opponent, Judge Janet Burnside of Cuyahoga County Common Pleas Court.

PRODUCER: HMS Success, Columbus.

ON THE SCREEN: A young couple, the wife obviously pregnant, enters an obstetrician’s office only to find it deserted. It then superimposes a photo of Republican Justice Evelyn Stratton as the couple leaves the building. A male narrator suggests the justice is sympathetic to their plight.

SCRIPT: "Little by little, doctors are disappearing from the state of Ohio. Disappearing because frivolous lawsuits are forcing them to leave their practices. But when it’s your doctor, where do you go? Justice Evelyn Stratton’s record shows that she understands the need to stop lawsuit abuse. And now, so do you."

ACCURACY: Medical malpractice insurance rates have been climbing, prompting suggestions that some doctors may not be able to afford to stay in practice. The Supreme Court, usually by votes of 4-3, has overturned legislative attempts to rein in jury awards in product liability, medical malpractice, personal injury, and other types of litigation. Justice Stratton has typically been in the minority. According to the Ohio Chamber of Commerce, Justice Stratton has taken the pro-business stance in tort cases 67 percent of the time. This ad suggests she will continue to do so if re-elected.

SCORECARD: Following a public backlash in 2000 against the infamous gilded Lady Justice ad targeting Justice Alice Robie Resnick, an Ottawa Hills Democrat, the business community vowed to keep its message positive this time around. The Ohio State Bar Association suggested yesterday, however, that ads that imply how a justice will vote in certain cases can still impugn the integrity of a candidate and the court, even if the ad is not overtly negative.



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