Villella v. Waikem Motors, Inc.

I

In its first proposition of law, the appellant asserts that punitive damages should not have been awarded to appellee, because the evidence produced at trial was insufficient to support a finding of actual malice, which is a prerequisite to punitive damages recovery.

Historically, punitive damages in Ohio have been allowed in civil tort actions which involve ingredients of fraud, malice, or insult. Roberts v. Mason (1859), 10 Ohio St. 277; Detling v. Chockley (1982), 70 Ohio St. 2d 134, 136, 24 O.O. 3d 239, 240, 436 N.E. 2d 208, 209. Additionally, in construing the reasoning behind punitive…