Schaeffer v. Poellnitz

I concur fully with the main opinion. I write specially to point out that even were the plaintiffs — the Young branch — entitled to a judgment in their favor on the mismanagement-of-trust claim, the punitive-damages award would still be subject to reversal.

I. The jury’s failure to apportion punitive damages

Because an appellate court reviews a punitive-damages award de novo, no deference is given to a judgment imposing such an award.

“(a) On appeal, no presumption of correctness shall apply to the amount of punitive damages awarded.

“(b) The appellate court shall independently reassess the…