Trauth v. Dunbar

I

In light of the disposition of this case by the court of appeals, we must first examine whether the issue of Spartan’s liability for punitive damages was properly before the jury.

Appellant argues that the following facts establish a basis for awarding punitive damages against Spartan:

“(1) Spartan’s agents shouted at the children to move away from their original safe play area, causing Jun Ku An to move to the mud puddle near the blacktopped area.

“(2) Spartan paid Dunbar for the use of his automobile and required him to use it in his employment. Spartan further required Dunbar to drive into *70th…