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Kentucky
Complaint for Conversion Seeking Punitive Damages

Kentucky Complaint for Conversion Seeking Punitive Damages

Category:

Civil Procedure - Conversion

State:

Multi-State

Control #:

US-02074BG

Format:

Instant download

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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How to fill out Complaint For Conversion Seeking Punitive Damages?

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FAQ

In Kentucky, there is no cap on punitive damages that a court can award to a victim. It is up to the courts and jury to determine the suitable dollar amount that serves as a deterrent from future behavior.

(b) "Fraud" means an intentional misrepresentation, deceit, or concealment of material fact known to the defendant and made with the intention of causing injury to the plaintiff.

A plaintiff is entitled to damages equal to the full value of the chattel at the time and place of conversion. The measure of damages in conversion is the fair market value of the property at the time and place of the conversion.

The right to a punitive damages award in California is strictly statutory. Civil Code section 3294 provides that a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice.

To state a cause of action for conversion, a plaintiff must allege: (1) Plaintiff has legal title to the converted property; (2) Plaintiff has possession of the property or the right to possess it at the time of the conversion; (3) Defendant exercised dominion over the property in a manner which denied the plaintiff's ...

15 That figure edges up to 60% if the three states that prohibit punitive damages, (Michigan, Nebraska, and Washington) are discounted from the equation.

Generally, you can sue for pain and suffering damages in Kentucky if you have been injured due to someone else's negligence. Common personal injury cases involving pain and suffering damages include car accidents, slip and fall accidents, and medical malpractice.

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.

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