## Facts

- Tommy Gearhart, a 20-year-old patron, was drinking at the Elbow Grille bar operated by partners Robert and Karl Angeloff (with another partner not central to the appeal).
- A different patron caused a disturbance; Karl attempted to remove him, and the two men fought and fell to the floor.
- Robert retrieved a revolver and fired across the bar toward the men on the floor; the bullet grazed Gearhart’s arm.
- Gearhart initially did not report the shooting to police, left the bar, then returned about 30 minutes later with his sister, reported the injury, and went to a hospital.
- Gearhart claimed the injury caused him to miss approximately two to three weeks of work.
- Gearhart sued for compensatory and punitive damages arising from the shooting.

## Issues

1. Whether punitive damages may be awarded in a negligence action when the negligence is so gross as to show reckless indifference to the rights and safety of others.
2. Whether a partner who did not fire the weapon may be held liable for compensatory damages for another partner’s tort committed within the scope of partnership business.

## Decision

- The appellate court affirmed the judgment.
- It upheld punitive damages against Robert because firing a revolver across a crowded bar supported a finding of gross negligence showing reckless indifference to others’ safety.
- It upheld compensatory damages against Karl because maintaining order in a bar is within partnership business, making partners jointly liable for torts committed by a partner in that scope.

## Legal Principles

- Punitive damages may be recovered in a negligence action when the negligence is so gross as to demonstrate reckless indifference to the rights and safety of other persons.
- Partners are jointly liable for tortious acts of another partner committed within the scope of the partnership’s business, even if the non-acting partner did not personally participate in the wrongful act.
- Maintaining order and dealing with unruly patrons may be treated as a normal activity of operating a bar for purposes of scope-of-business analysis.

## Conclusion

The court affirmed compensatory and punitive awards arising from a bar shooting, holding that shooting across a bar could constitute gross negligence showing reckless indifference warranting punitive damages and that partners may be jointly liable for torts committed by a partner while performing partnership business.


Gearhart v. Angeloff, 244 N.E.2d 802 (Ohio Ct. App. 1969)