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CABE v. LUNICH

No. 93-1458.

70 Ohio St.3d 598 (1994)

CABE ET AL., APPELLANTS, v. LUNICH, APPELLEE.

Supreme Court of Ohio.

Decided October 26, 1994.

Attorney(s) appearing for the Case

Scanlon & Henretta Co., L.P.A., Lawrence J. Scanlon and Ann Marie O'Brien; Colopy & Casalinuovo and Daniel M. Colopy, for appellants.

Buckingham, Doolittle & Burroughs Co., L.P.A., Orville L. Reed III and James M. Lyones, Jr., for appellee.

McCarthy, Palmer, Volkema & Becker and Jeffrey D. Boyd, urging reversal for amicus curiae, Ohio Academy of Trial Lawyers.

A. WILLIAM SWEENEY, J.

Under current Ohio statutory law, liability for punitive damages in a tort action is determined by the trier of fact (generally a jury), and once the factfinder determines that punitive damages should be awarded, the amount of punitive damages is determined by the court. R.C. 2315.21(C).1 The legislature has specifically established that the burden of proving entitlement to an award of punitive damages in a tort...

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