Schwigel v. Kohlmann

¶ 28. (concurring in part; dissenting in part). I differ with the majority's conclusion that the trial court engaged in "rank speculation," Majority at ¶ 19, when it determined that the jury's award of punitive damages was supported by the compensatory damages awarded for conversion. As I understand the majority's position, the punitive damages award must be reversed because it may be based, in part, on the jury being instructed that it may take into consideration the "actual damage" incurred by Schwi-gel.1 The reversal of the punitive damages award and *846remand for a new trial on punitive…