Whetstone v. Binner (Slip Opinion)

*402{¶ 39} Even assuming that general deterrence is on equal footing with the goals of punishing and deterring the tortfeasor by awarding punitive damages, none of these purposes is served by meting out punishment to the dead. Because I believe that punitive damages cannot be imposed against the estate of a deceased tortfeasor, I respectfully dissent.

{¶ 40} Until the Fifth District Court of Appeals’ decision in this case, Ohio courts have taken the position that punitive damages were not available against a deceased tortfeasor. Mongold v. Estate of Gilbert, 114 Ohio Misc.2d 32, 36, 758 N.E.2d…