Preston v. Murty

The issue presented by this appeal is whether punitive damages were properly awarded against Gold Circle. Gold Circle contends that there was insufficient evidence to support the submission of punitive damages to the jury and that the court erroneously instructed the jury as to what conduct would support an award of punitive damages.

Ohio courts, since as early as 1859, have allowed punitive damages to be awarded in tort actions which involve fraud, malice, or insult. Roberts v. Mason (1859), 10 Ohio St. 277, paragraph one of the syllabus. The standards for imposing and assessing punitive…