Ohio Instruction to Jury Regarding Compensatory Damages for Conversion

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A party may recover compensatory damages for any actual loss that the party can prove with reasonable certainty.

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FAQ

(a) The court shall not enter judgment for punitive or exemplary damages in excess of two times the amount of the compensatory damages awarded to the plaintiff from that defendant, as determined pursuant to division (B)(2) or (3) of this section.

To prove conversion, these elements must be present: The plaintiff must have greater right to the property than the defendant. A wrongful taking by the defendant without consent of the plaintiff. Possession by the defendant which is inconsistent with the plaintiff's rights.

Under California law, the elements required to prove a claim of conversion are: (1) the plaintiff's ownership or right to possession of the property; (2) the defendant's conversion by a wrongful act or in a manner that is inconsistent with the plaintiff's property rights; and (3) resulting damages.

Although there is no maximum sum, punitive damages typically do not exceed four times the amount of compensatory damages. For example, if a plaintiff recovers $100,000 in compensatory damages and is awarded punitive damages, they most likely will receive up to $400,000 in punitive damages. There are exceptions, though.

Punitive damages are special damages that are intended to punish the wrongdoer and prevent similar conduct in the future. Ohio caps the amount of punitive damages that a plaintiff can recover to twice the value of compensatory damages, up to a maximum of $350,000.

A person who knowingly or intentionally exerts unauthorized control over property of another person commits criminal conversion. The element of knowledge is found when the accused person engages in the conduct and he/she is aware of a high probability that he/she is doing so.

Compensatory damages are awarded in civil court cases where loss has occurred as a result of the negligence or unlawful conduct of another party. To receive compensatory damages, the plaintiff has to prove that a loss occurred and that it was attributable to the defendant.

Compensatory damages compensate a plaintiff for harm, injury, or other losses caused by the tortious conduct of another party. Also called ?actual damages,? compensatory damages are the primary relief awarded in a successful tort action.

The elements of conversion are: the plaintiff's ownership or right to possession of the property; the defendant's conversion by wrongful act inconsistent with the property rights of the plaintiff; and. damages.

Conversion is an intentional tort which occurs when a party takes the chattel property of another with the intent to deprive them of it. Conversion is not applicable to real property. For the purposes of conversion, ?intent? merely means the objective to possess the property or exert property rights over it.

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Ohio Instruction to Jury Regarding Compensatory Damages for Conversion