Punitive Damages Based on Attorney Fees

The plaintiff motorist obtained a judgment of compensatory and punitive damages, as well as an award of attorney fees based solely on the punitive damages, against the defendant motorist in connection with an auto accident. Subsequently, the plaintiff filed a supplemental complaint against the defendant's insurer after the insurer denied payment of the punitive damages and the attorney fees. The trial court granted summary judgment to the plaintiff, the appeals court affirmed, and the case then went to the Ohio Supreme Court. This case is Neal-Pettit v. Lahman, 928 N.E.2d 421 (2010).