KLEMAS v. FLYNN

No. 92-904.

66 Ohio St.3d 249 (1993)

KLEMAS ET AL., APPELLANTS, v. FLYNN ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 19, 1993.


Attorney(s) appearing for the Case

Columbus Housing Law Project, Inc. and Bruce H. Kiracofe, for appellants.


WRIGHT, J.

The issue presented by this certified appeal is whether the double damages for wrongful withholding of security deposits, which may be recovered under R.C. 5321.16(C), are punitive damages and therefore may not be awarded by small claims divisions of municipal and county courts pursuant to R.C. 1925.02(A)(2). For the reasons stated below we determine that double damages may be recovered under R.C. 5321.16(C) in actions brought in small claims courts.

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