Sivit v. Village Green of Beachwood, L.P., 143 Ohio St. 3d 168, 2015-Ohio-1193

Summary

The Ohio Supreme Court held that a tenant’s action against a landlord for injuries and property damage caused by violations of Ohio’s Landlord-Tenant Act was a tort action subject to the statutory limit on punitive damages. The court affirmed liability and the verdict but ordered punitive damages reduced to twice the compensatory damages awarded in the trial court’s judgment entry. It also upheld submission of punitive-damages and landlord-liability issues to the jury.

Holdings

1. An action seeking damages for harm caused by a landlord's negligent violation of Ohio Revised Code section 5321.04 is a tort action subject to Ohio Revised Code section 2315.21, even though the parties also have a contractual landlord-tenant relationship.
2. The punitive-damages award was unlawful because it exceeded twice the compensatory damages awarded in the trial court's judgment entry; the punitive damages had to be reduced to twice the compensatory damages.
3. The trial court did not abuse its discretion by allowing the punitive-damages claim to go to the jury.
4. The Supreme Court declined to disturb the jury's finding under Ohio Revised Code section 5321.04 because the evidence permitted the jury to find that the landlord knew or should have recognized the potential likelihood of a fire from the defective wiring and waterlogged conditions.

Questions Presented

1. Whether an action alleging injury to person or property caused by negligent conduct and violation of the Ohio Landlord-Tenant Act is a tort action subject to Ohio Revised Code section 2315.21.
2. Whether the punitive-damages award exceeded the statutory limit of two times the compensatory damages awarded.
3. Whether the trial court abused its discretion by allowing the punitive-damages claim to be submitted to the jury based on evidence of the landlord's conscious disregard for tenant safety.
4. Whether the landlord could be held liable under Ohio Revised Code section 5321.04 for electrical defects that were concealed and allegedly unknown to it.

Disposition

reversed_and_remanded