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Tag Archives: Punitive Damages

Bankruptcy – Automatic Stay – Willful Violation – Real Property – Mortgage Foreclosure – Misspelled Name – Punitive Damages (access required)

In re Gallo Despite having notice of the debtor’s bankruptcy, and despite notes in their own files about the misspelling of the debtor’s name, since the creditors’ software program failed to list the debtor’s name in a bankruptcy search result, the creditors continued their collection efforts against the debtor, going so far as to schedule a foreclosure.

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Tort/Negligence – Punitive Damages — Civil Practice – Judges – Costs (access required)

Springs v. City of Charlotte Plaintiff presented evidence that defendant knew its bus driver had been involved in multiple preventable accidents but took no action beyond some counseling and an interview with him. Plaintiff’s evidence was sufficient to go to the jury on a claim for punitive damages.

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Tort/Negligence – Negligent Misrepresentation Claim – Real Property – Appraisal — Indirect Reliance – Fraud – Punitive Damages (access required)

Abraham v. Jauregui In their negligent misrepresentation claim, the plaintiff-purchasers allege that, by relying on appraisal management company HomeFocus Services, LLC’s and Bank of America’s actions in approving plaintiffs’ loan applications, plaintiffs were also relying, albeit indirectly, upon the defendant-appraisers’ representations provided to HomeFocus and Bank of America, which were contained in the appraisal reports. However, in order to state a claim for negligent misrepresentation, plaintiffs must allege direct rather than indirect reliance.

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Tort/Negligence – Unfair Trade Practices – Malicious Prosecution – Obstruction of Justice – Champerty & Maintenance – Punitive Damages (access required)

Security Credit Corp. v. Mid/East Acceptance Corp. of N.C. Plaintiffs allege that, in support of a lawsuit brought against plaintiffs by a competitor, defendants lent money and provided free services to the competitor. Plaintiffs have failed to show how defendants’ alleged conduct falls within defendants’ regular business activities. Plaintiffs failed to allege that defendants’ actions were “in or affecting commerce”; consequently, plaintiffs failed to state a claim for unfair trade practices.

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Tort/Negligence – Wrongful Death – Motorcycle Accident – Tire Replacement – Evidence – Expert Witness – Related Corporations – Punitive Damages (access required)

Kingsley v. Brenda & Gene Lummus, Inc. Plaintiff’s expert identified four mechanisms by which her decedent’s motorcycle tire could have been punctured, and all four mechanisms were within defendant’s control when its employee replaced the tire shortly before the motorcycle was involved in a fatal accident.

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