Id. at 1176. See also Freudeman v. Landing of Canton, 5:09-cv-00175, 2010 WL 2196460, at *3 (N.D.Ohio May 31, 2010). Ohio case law makes clear that an award of punitive damages is not justified in a tort action unless there are “aggravated circumstances apart from or surrounding the injury or the actions of the party causing the injury.” Pelkowski v. Nussbaumer, No. CA-8928, 1993 WL 50723, at *3 (Ohio App. 5th Dist. Feb. 8, 1993) (quoting Troyer v. Horvath, 13 Ohio App.3d 155, 157, 468 N.E.2d 351 (1983). The type of aggravated circumstances sufficient to support an award of punitive damages in a motor vehicle accident case may include intoxication and deliberate actions to flee the scene or evade responsibility. See, e.g., Cabe v. Lunich, 70 Ohio St.3d 598, 640 N.E.2d 159, 163 (1994) (<HOLDING>); Cappara v. Schibley, 85 Ohio St.3d 403, 709
holding that the board cannot be liable for punitive damages citations omitted holding without discussion of the punitive damages issue that judgment for embezzlement which included actual and punitive damages was nondischargeable holding that evidence that a negligent driver had consumed alcohol prior to a vehicular accident is relevant and admissible to establish whether the driver can be deemed to have acted with actual malice justifying the award of punitive damages and concurring with courts that recognized where punitive damages are sought based on drunk driving  as the degree of impairment by the voluntary consumption of alcohol increases the need for other aggravating circumstances lessens and vice versa  citations omitted holding a replevin action did not comply with the notice requirement under lgtca because it only communicated to the city that it sought return of the vehicles and lossofuse damages rather than putting the city on notice to start an investigation into  whether the officers acted with actual malice or the nature and extent of the actual injuries sustained the causal relationship of the injuries to the alleged misconduct the likelihood of an award of compensatory andor punitive damages and litigation strategy that would be later in issue in the second case internal quotation marks and citation omitted holding a court may not award punitive damages