If any public utility or railroad does, or causes to be done, any act or thing prohibited by Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4927. of the Revised Code, or declared to be unlawful, or omits to do any act or thing required by the provisions of those chapters, or by order of the public utilities commission, the public utility or railroad is liable to the person, firm, or corporation injured thereby in treble the amount of damages sustained in consequence of the violation, failure, or omission. Any recovery under this section does not affect a recovery by the state for any penalty provided for in the chapters. This section does not apply to a telephone company.
Cleveland Mobile Radio Sales, Inc. v. Verizon Wireless, 865 N.E.2d 1275 (Ohio 2007). · cites it 27ד{¶ 1} In this matter, we address whether claims brought pursuant to provisions of the Revised Code identified in R.C. 4905.61 are subject to the one-year statute of limitations set forth in R.”
Harris v. Cunix, 2022-Ohio-839, 187 N.E.3d 582. · cites it 7דIn Cleveland Mobile, the Supreme Court considered whether R.C. 4905.61 constitutes a penalty statute for statute of limitations purposes.”
Arbino v. Johnson & Johnson, 2007-Ohio-6948, 880 N.E.2d 420. · cites it 2דThere are many potential reasons that this court has never held treble-damages provisions to be constitutional or unconstitutional.”
Bros. v. Nixon, 2020-Ohio-4035, 157 N.E.3d 164. · cites it 7דIn Cleveland Mobile, the Ohio Supreme Court addressed the issue of whether R.C. 4905.61 constituted a penalty Case No.”
Kazmaier Supermarket, Inc. v. Toledo Edison Co., 573 N.E.2d 655 (Ohio 1991). · cites it 3ד) The General Assembly has provided a specific remedy for persons, firms or corporations who have sustained damages due to an unlawful act of a public utility, or where such damages arise from the utility’s omission to do any act or thing required by law or by the order of the…”
Farra v. City of Dayton, 576 N.E.2d 807 (Ohio Ct. App. 2d Dist. 1989). · cites it 4דR.C. 4905.61 states: “If any public utility or railroad does, or causes to be done, any act or thing prohibited by Chapters 4901.”
Jones v. Ohio Edison Co., 2014-Ohio-5466, 26 N.E.3d 834. · cites it 3ד{¶36} Further, contrary to appellants’ argument that they could not recover their damages if they filed their complaint with PUCO, R.C. 4905.61 provides: {¶37} If any public utility * * * does * * * any act * * * prohibited by Chapters 4901.”
Lahke v. Cincinnati Bell, Inc., 439 N.E.2d 928 (Ohio Ct. App. 1st Dist. 1981). · cites it 10ד(Bell), under R.C. 4905.61, alleging that insufficient and unreasonable telephone service damaged his business.”
State ex rel. Columbia Gas of Ohio, Inc. v. Henson, 810 N.E.2d 953 (Ohio 2004). “2d 575 (“before a Court of Common Pleas has jurisdiction to hear a complaint for treble damages under R.C. 4905.61, there first must be a determination by the commission that a violation has in fact taken place”).”
Meek v. Gem Boat Serv., Inc., 590 N.E.2d 1296 (Ohio Ct. App. 6th Dist. 1990). · cites it 5דOn September 11, 1987, Meek filed a class action complaint against appellant seeking treble damages, pursuant to R.C. 4905.61, for all water and sewer charges assessed by appellant and paid by appellees for services provided since January, 1961, on the ground that appellant did…”
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