Cabe v. Lunich

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 action is upon the plaintiff, and must be satisfied by clear and convincing evidence. R.C. 2315.-21(C)(3).2 Punitive damages may not be awarded in Ohio absent proof of actual damages.…