Legal Opinion

Whetstone v. Binner (Slip Opinion)

Ohio Supreme Court

Decided March 15, 2016No. 2014-1462PublishedCited by 28 opinions

1Opinion of the Court

O’Connor, CJ.

{¶ 1} In this appeal, we address whether punitive damages can be awarded against the estate of a deceased tortfeasor. We conclude that a punitive-damages award is available in the limited circumstances presented here.

Relevant Background

{¶ 2} On June 29, 2010, Christine Whetstone dropped off her daughters, O.C. and L.C., at the home of their great-aunt, Roxanne McClellan, who was to babysit. The girls were just over five and two years old, respectively. When Whetstone returned to McClellan’s home, she entered a bedroom and found McClellan with one hand on O.C.’s neck and the other…

2Cases cited7 opinions

  1. Moskovitz v. Mt. Sinai Medical CenterOhio Supreme Court · 1994
  2. Columbus Finance, Inc. v. HowardOhio Supreme Court · 1975
  3. Niskanen v. Giant Eagle, Inc.Ohio Supreme Court · 2009
  4. Cabe v. LunichOhio Supreme Court · 1994
  5. Rubeck v. HuffmanOhio Supreme Court · 1978

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3Cited by28 opinions

  1. Lutfi Saalim v. Walmart, Inc.Court of Appeals for the Sixth Circuit · 2024
  2. Courtney v. DurraniOhio Court of Appeals · 2025
  3. Molnar v. GreenOhio Court of Appeals · 2019
  4. Hawes v. Downing Health Technologies, L.L.C.Ohio Court of Appeals · 2022
  5. Hutchings v. HutchingsOhio Court of Appeals · 2019

23 more not listed; retrieve them via the Exa API.

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