Rose v. Stein

2026-Ohio-1369 · Court of Appeals of Ohio, Seventh Appellate District, Jefferson County · April 15, 2026 · No. 25 JE 0023

Summary

The Seventh District Court of Appeals of Ohio affirmed a judgment awarding Sol Rose III $683.50 against Jefferson Behavioral Health System for conversion of personal property discarded from his leased unit. The court held that the record did not support punitive damages because the property manager did not act with malice, and that Ohio law did not permit recovery for the sentimental value of the deceased daughter’s urn and ashes in this conversion action.

Holdings

  1. The trial court properly denied damages for the urn and ashes because Ohio law did not specifically permit recovery of sentimental value as compensatory damages in a conversion action, any such award would be speculative, and Rose offered no evidence of the items' fair-market value.
  2. Punitive damages were properly denied because the record did not show that Stein acted with actual malice, and the facts did not support punitive damages against Jefferson Behavioral Health System based on the employee's conduct.

Questions Presented

  1. Whether the trial court erred by refusing to award compensatory damages for the deceased daughter's urn and ashes in the conversion action.
  2. Whether the trial court erred by refusing to award punitive damages against Stein or Jefferson Behavioral Health System.

Disposition

affirmed

Cases Cited (15)

  • Integrated Vascular Servs., L.L.C. v. Kuhel, 2014-Ohio-5716, ¶ 69 (7th Dist.)(followed)
  • Tabar v. Charlie's Towing Serv., Inc., 97 Ohio App.3d 423, 428 (8th Dist. 1994)(followed)
  • Moskovitz v. Mt. Sinai Med. Ctr., 69 Ohio St.3d 638, 651, 635 N.E.2d 331 (1994)(followed)
  • Dardinger v. Anthem Blue Cross & Blue Shield, 98 Ohio St.3d 77, 781 N.E.2d 121, 2002-Ohio-7113, ¶ 178(followed)
  • Calmes v. Goodyear Tire & Rubber Co., 61 Ohio St.3d 470, 473, 575 N.E.2d 416 (1991)(followed)
  • Preston v. Murty, 32 Ohio St.3d 334, 512 N.E.2d 1174 (1987)(followed)
  • Cabe v. Lunich, 70 Ohio St.3d 598, 601, 1994-Ohio-4, 640 N.E.2d 159 (1994)(followed)
  • C.E. Morris Co. v. Foley Construction Co., 54 Ohio St.2d 279, 280, 8 O.O.3d 261, 376 N.E.2d 578 (1978)(followed)
  • Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77, 81, 10 OBR 408, 461 N.E.2d 1273 (1984)(followed)
  • Fisher v. Barker, 2005-Ohio-1039, ¶¶ 17-18 (2d Dist.)(followed)

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