Touhey v. Ed's Tree & Turf, L.L.C

{¶ 23} I concur in the majority’s decision to reverse the decision of the trial court as it pertains to Ed’s Tree & Turf because there is a genuine issue of material fact regarding Funk’s status as either an employee or an independent contractor. However, I respectfully dissent from that portion of the opinion reversing the trial court’s granting of summary judgment as to punitive damages *808pertaining to Funk. When examining the evidence in the light most favorable to Touhey, reasonable minds can come to only one conclusion as it relates to punitive damages, which requires us to affirm the…