## Facts

- James Angus was a home-improvement contractor who performed roofing and siding work for Jim Ventura under three separate contracts in 1994.
- Ventura made down payments and progress payments during the work.
- After Angus finished the work, Ventura still owed $1,000 under the contracts.
- Angus went to Ventura’s home to collect the remaining balance.
- Ventura refused to pay, claiming some roof shingles were defective.
- Angus offered to repair any defective shingles, but Ventura still refused to pay the $1,000.
- Angus got into his truck to leave.
- While Angus was in the truck, Ventura approached and spit in Angus’s face through the truck window.
- Angus immediately filed a police report, but no criminal charges were filed.
- About a week later, Ventura bragged to a mutual acquaintance that he had spit on Angus.
- After the incident, Angus became depressed and anxious, had trouble sleeping and concentrating, and experienced extreme mood swings.
- Angus sought psychological treatment and improved after about five sessions.
- Angus sued for breach of contract, battery, and emotional distress.
- A jury awarded Angus $1,000 on the contract claim; $20,000 in compensatory damages on the battery and emotional-distress claims (allocated $10,000 each); and $5,000 in punitive damages.
- Ventura appealed, challenging the damages and several trial rulings.

## Issues

1. Whether the $20,000 compensatory award for battery and emotional distress was against the manifest weight of the evidence, where Angus alleged no bodily injury and Ventura argued the emotional harm was not serious.
2. Whether the jury was improperly informed of statutory limits on punitive damages in violation of Ohio Rev. Code § 2315.21(F).
3. Whether the $1,000 breach-of-contract award was against the manifest weight of the evidence.
4. Whether alleged misconduct by Angus or his counsel deprived Ventura of a fair trial when Ventura did not make contemporaneous objections.
5. Whether the trial court erred by admitting impeachment evidence that Ventura’s expert witness had a prior felony conviction.
6. Whether the trial court had authority, and a sufficient evidentiary basis, to calculate and award attorney fees related to the punitive-damages award.
7. Whether the trial court abused its discretion by allowing the jury to view a house-inspection videotape without playing the audio portion.

## Decision

- The Ninth District Court of Appeals affirmed the judgment in full.
- The court held the compensatory award on the battery and emotional-distress claims was not against the manifest weight of the evidence; the jury could credit evidence of Angus’s psychological symptoms and treatment following the spitting incident.
- The court rejected Ventura’s claim under R.C. 2315.21(F) because the record did not show that the jury was told any statutory cap or limit on punitive damages.
- The court upheld the $1,000 contract award, noting evidence (including Ventura’s own testimony) supported that $1,000 remained unpaid.
- The court declined to reverse based on alleged misconduct in argument because Ventura did not object at trial and did not show reversible error on appeal.
- The court found no abuse of discretion in admitting the expert witness’s prior felony conviction for impeachment.
- The court upheld the trial court’s authority to determine reasonable attorney fees connected to the punitive-damages award and found the fee determination supported by evidence in the record.
- The court held the evidentiary ruling limiting the videotape to the video portion (excluding audio) was within the trial court’s discretion and did not warrant reversal.

## Legal Principles

- Battery includes intentional, offensive contact; spitting in another person’s face can constitute actionable battery.
- Emotional-distress damages may be supported by testimony about resulting anxiety, depression, sleep and concentration problems, and treatment, even without bodily injury.
- A manifest-weight challenge to a jury verdict requires a showing that the factfinder clearly lost its way and caused a manifest miscarriage of justice.
- Appellate courts generally will not reverse based on allegedly improper argument or misconduct absent a timely objection, unless the record shows a level of error requiring relief.
- A witness’s prior felony conviction may be admissible to attack credibility, subject to the trial court’s discretion under the rules of evidence.
- When punitive damages are awarded, a trial court may award reasonable attorney fees connected to the punitive-damages claim if supported by record evidence.
- Trial courts have broad discretion over evidentiary presentation, including limiting portions of recordings; reversal requires a showing of prejudicial error.

## Conclusion

The court of appeals affirmed a jury verdict awarding a contractor $1,000 in contract damages and additional compensatory and punitive damages, plus attorney fees, after a homeowner refused to pay the final balance and intentionally spit in the contractor’s face; the court found the damages supported by the evidence and the challenged trial rulings within the trial court’s discretion or not preserved for review.


Angus v. Ventura, 1999 WL 33287 (1999)