Detling v. Chockley

This case presents the question of whether evidence that a civil defendant was driving under the influence of alcohol at the time of an automobile accident in which he has admitted negligence is alone sufficient to raise a jury question *136of punitive damages. For the reasons discussed herein, we answer the question in the negative.

Punitive or exemplary damages have long been allowed in civil tort actions in Ohio which involve ingredients of fraud, malice or insult. Roberts v. Mason (1859), 10 Ohio St. 277. “Such damages being punitive in their nature are an exception to the general rules that…