concurring in part and dissenting in part.
I would affirm the trial court’s decision in all respects. A majority of the Court votes to vacate the trial court’s award of punitive damages, even though the record supports such an award, and demonstrates that the trial court was keenly aware of the reasons for awarding exemplary damages. It simply is not judicially possible to consider Blaser’s conduct as anything but a substantial deviation from reasonable standards of human beings in their dealings with one another:
The final question is whether there are sufficient allegations for the awarding of punitive damages against Albert and Kathleen Blaser as a result of their actions with the property of Rozella Nottingham. Albert Blaser’s actions following the hearings in December 1985, at which time he stated under oath in court that he had taken the properties from Rozella Nottingham for safekeeping and that he would return them to her at her request, have not been exemplary. Until the $20,535.99 was delivered to this Court on October 1, 1987, none of the cash monies Rozella Nottingham placed in the safekeeping of Albert Blaser had been accounted for nor returned to the Estate of Rozella Nottingham. The length and extent of litigation resulting in this case to return real and personal properties to the Estate of Rozella Nottingham have been unnecessary and unwarranted. Albert Blaser has never shown any interest in the property and as he testified in court, he was keeping it safe for Rozella Nottingham, he had no ownership interest. The conduct of Albert Blaser is not to be condoned and is to be punished. An additional award of $10,000 punitive damages shall be awarded against Albert Blaser.
R. 348-49.
On reading the same record which was before Justice McDevitt in writing for and garnering a majority, and reading and digesting the above passage written by the trial court, at least this one member of the Court is disturbed at that portion of the majority opinion which vacates the award of punitive damages. Being candid, perhaps to a fault, my examination of the majority opinion brings forth this wholly conclusory rationale offered supposedly in support of the majority’s holding: “The findings though, are insufficient to support an award of punitive damages.” It is that statement which is insufficient in constituting a basis for reversing the trial court.