Summit Fasteners, Inc. v. Harleysville National Bank & Trust Co.

KELLY, Judge:

In this appeal, we are called upon to determine whether a counterclaim plaintiff has met its burden of proof when all of the evidence supporting the counterclaim is introduced by the counterclaim defendant and whether the trial court properly refused to give the jury a wanton misconduct instruction, when it subsequently instructed the jury on the possibility of awarding punitive damages. We affirm in part and reverse in part. 1

The transcript of the jury trial reveals the following scenario. Appellant, Summit Fasteners, Inc., was in the business of brokering nuts, bolts and other…