Johnson v. Stackhouse Oldsmobile, Inc.

The sole question presented by the parties for our determination is whether the trial court erred in instructing the jury that it could award punitive damages upon the basis of a finding of malice by the greater weight of the evidence. We believe that such instruction was correct.

In Roberts v. Mason (1859), 10 Ohio St. 277, this court stated in the first paragraph of the syllabus, in part, as follows: “In an action to recover damages for a tort whicn involves the ingredients of fraud, malice or insult, a jury may go beyond the rule of mere compensation to the party aggrieved and award…