Catalanotto v. Byrd
2017 Ohio 7688
| Ohio Ct. App. | 2017Background
- Long-running neighbor dispute; Catalanottos sued Byrd and Moore on multiple tort claims; Byrd filed counterclaims including trespass and assault.
- Jury found for Byrd on counterclaims for trespass, assault, and intentional infliction of emotional distress; awarded $5,000 punitive damages on assault, $10,000 compensatory on IIED, and attorney fees for trespass and assault (trial court later set fees at $15,000).
- Catalanottos moved for JNOV and a new trial; appellate proceedings (Catalanotto I–III) produced remands on procedural grounds, including correct timing for new-trial motion under amended Civ.R. 59(B).
- On remand the trial court denied the Catalanottos’ new-trial motion on the merits; Catalanottos appealed that denial to this Court.
- This appeal concerns whether the jury’s punitive-damages and attorney-fees awards (on trespass and assault) were contrary to law and whether a new trial on damages is required.
Issues
| Issue | Byrd's Argument | Catalanottos' Argument | Held |
|---|---|---|---|
| Whether punitive damages on assault may stand despite zero compensatory damages on that claim | Moskovitz allows using compensatory damages awarded on a related claim (IIED) to support punitive damages on assault because claims are intertwined | R.C. 2315.21 and Ohio precedent require compensatory damages on the same claim before punitive damages may be awarded | Reversed: punitive damages on assault contrary to law where jury awarded no compensatory damages for assault; Moskovitz inapplicable because claims were pled and tried separately |
| Whether attorney fees awarded for trespass and assault are permissible | Fees may be awarded if defendant acted in bad faith (an exception to American Rule); reliance on bad-faith exception | Attorney-fees recovery requires either statute/contract, bad faith (must be pleaded and proven), or valid punitive-damages award; here no bad-faith pleading/finding and punitive award on assault is invalid | Reversed: fees on trespass invalid because no punitive damages there; fees on assault invalid because punitive award was contrary to law; no record support for bad-faith exception |
| Scope of new trial (what issues to retrial) | (implicit) seek new trial as to claims | Catalanottos limited argument to damages; did not attack liability findings | New trial limited to damages only (compensatory, punitive, and attorney fees) for trespass and assault; liability findings left intact |
Key Cases Cited
- Niskanen v. Giant Eagle, Inc., 122 Ohio St.3d 486 (2009) (punitive damages cannot be awarded without compensatory damages)
- Malone v. Courtyard by Marriott L.P., 74 Ohio St.3d 440 (1996) (same rule that punitive damages require underlying compensatory award)
- Cabe v. Lunich, 70 Ohio St.3d 598 (1994) (punitive damages require compensatory damages)
- Shimola v. Nationwide Ins. Co., 25 Ohio St.3d 84 (1986) (same punitive-damages principle)
- Bishop v. Grdina, 20 Ohio St.3d 26 (1985) (punitive damages principle)
- Seasons Coal Co. v. City of Cleveland, 10 Ohio St.3d 77 (1984) (punitive damages principle)
- Richard v. Hunter, 151 Ohio St. 185 (1949) (historical punitive-damages jurisprudence)
- Moskovitz v. Mt. Sinai Med. Ctr., 69 Ohio St.3d 638 (1994) (permitted using compensatory damages on one claim to support punitive damages on related allegations when claims are not separately presented)
- Zoppo v. Homestead Ins. Co., 71 Ohio St.3d 552 (1994) (attorney fees may be an element of compensatory damages if punitive damages are awarded)
- Wilborn v. Bank One Corp., 121 Ohio St.3d 546 (2009) (American Rule; exceptions for statutory/contractual fees or bad faith)
- Columbus Fin., Inc. v. Howard, 42 Ohio St.2d 178 (1975) (attorney-fee recovery tied to punitive-damages award)