Nebraska Complaint for Conversion Seeking Punitive Damages

State:
Multi-State
Control #:
US-02074BG
Format:
Word; 
Rich Text
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Description

Conversion occurs when someone wrongfully uses property of another for their own purposes or alters or destroys it. In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in the action, the plaintiff must generally prove that he or she demanded the property returned and the defendant refused to do so.


Punitive damages are damages awarded in a lawsuit as a punishment and example to deter others from malicious, evil or particularly fraudulent acts. Plaintiff has the burden of proving that punitive damages should be awarded, and the amount, by a preponderance of the evidence. In order to succeed, the plaintiff must prove that the defendant's conduct was malicious, or in reckless disregard of plaintiff's rights.


The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

The majority in that case held that under Nebraska law, to state a claim for negligent infliction of emotional distress or trauma, a plaintiff must first show that some type of physical injury resulted from the emotional trauma and, secondly, that he or she was within the "`zone of danger or actually put in fear for ...

When people are injured by others, they are permitted to seek what the law refers to as ?damages,? in the form of money, for such things as medical bills, lost wages or employment, physical and emotional pain and suffering, and, in some cases, to punish the abuser.

Punitive damages are legal recompense that a defendant found guilty of committing a wrong or offense is ordered to pay on top of compensatory damages. They are awarded by a court of law not to compensate injured plaintiffs but to punish defendants whose conduct is considered grossly negligent or intentional.

In order to succeed on such claims, however, the victim claiming NEID must prove the distress was an immediate and foreseeable result of the defendant's negligent behavior. Typically, the person must physically witness the accident or death in order to recover.

Punitive Damages in Tort Law In the case of tort liability, courts may choose to apply punitive damages. However, they will typically only do so if the plaintiff can prove that the defendant engaged in an intentional tort and/or engaged in wanton and willful misconduct.

For example, while a mother and her son are on a sidewalk, a driver negligently swerves onto the sidewalk, hitting and injuring the son. If the mother suffers serious emotional distress, she may have a negligent infliction of emotional distress claim against the driver because she witnessed her son's injury.

Nebraska follows the 50 percent bar rule of modified comparative negligence, meaning that any party in a personal injury case found to be at or over 50% at fault is barred from recovering any damages.

Nebraska is one of only four jurisdictions where punitive dam- ages1 in civil suits are not recognized. 2 It is, however, the only state which finds such damages to be unconstitutional.

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Nebraska Complaint for Conversion Seeking Punitive Damages