Whetstone v. Binner

Plaintiff, individually and on behalf of her daughter, filed a civil suit against Defendant for assault, false imprisonment, emotional distress, and loss of consortium. Plaintiff requested compensatory and punitive damages. After Defendant failed to respond to the complaint, the trial court entered a default judgment against her. Before the damages hearing, Defendant died. The administrator of Defendant’s estate was substituted as a party. After a hearing, the trial court awarded compensatory damages to Plaintiff’s two daughters and concluded that punitive damages could not be properly awarded against the estate of a deceased tortfeasor. The Court of Appeals reversed, concluding that Ohio law permits an award of punitive damages against a deceased tortfeasor. The Supreme Court affirmed, holding that a punitive damages award is available in the limited circumstances presented in this case. Remanded to the trial court for a hearing on punitive damages and attorney fees. View "Whetstone v. Binner" on Justia Law