In an action by a personal property owner against the lienholder for wrongful conversion of the property covered by the lien, the property owner is generally only entitled to recover the excess of the fair market value of the property over the amount of the debt for which it was security.
Ohio Instruction to Jury Regarding Damages for Conversion by Lienholder
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How to fill out Instruction To Jury Regarding Damages For Conversion By Lienholder?
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The Ohio Jury Instructions (OJI) are written by a committee of the Ohio Judicial Conference. The Law Library has the OJI in its Westlaw database, Lexis ebooks (Overdrive) as well as in print. You can buy Ohio Jury Instructions in print or electronically from LexisNexis.
Causation (Cause in Fact) The third element of negligence is causation. Causation requires a plaintiff to show that the defendant's breach of duty was the cause of the plaintiff's injury and losses.
In courts of record right to trial by jury as defined in section 2945.17 of the Revised Code shall be claimed by making demand in writing therefor and filing the same with the clerk of the court not less than three days prior to the date set for trial or on the day following receipt of notice whichever is the later.
The OJI defines proximate cause as follows, "'(Proximate) (Direct) cause' is an act or failure to act that in the natural and continuous sequence directly produced the (injury) (death) (damages) and without which the (injury) (death) (damages) would not have occurred." Ohio Jury Instructions, CV Section 405.01 (Rev.
Conversion is the wrongful act of dominion or control over the chattels (personal property) of another, in denial of the rightful owner's rights thereto. To prove conversion, these elements must be present: The plaintiff must have greater right to the property than the defendant.
The question of proximate cause in this context is ordinarily for the jury unless the facts are undisputed and do not admit reasonable differences of opinion, in which case cause in fact is a question of law for the court.
Tortious interference with a business relation occurs when ?a person, without privilege, induces or otherwise purposely causes a third party not to enter into, or continue, a business relationship, or perform a contract with another.?
Pattern Jury Instr. Civ. WPI 15.01 (7th ed.) The term ?proximate cause? means a cause which in a direct sequence [unbroken by any superseding cause,] produces the [injury] [event] complained of and without which such [injury] [event] would not have happened.