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Complaint for Conversion Seeking Punitive Damages

Pennsylvania 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

Pennsylvania law defines conversion as ?the deprivation of another's right of property in, or use or possession of, a chattel, without the owner's consent and without lawful justification.? Paves v. Corson, 765 A. 2d 1128, 1134 (Pa. Super.

Punitive damages are intended to punish the person who committed the conversion and to deter others from committing similar acts. Generally, punitive damages may be awarded in cases where the conversion was committed with malice, fraud, or gross negligence.

The exact measure of compensation due to a plaintiff whose goods have been wrongfully converted may be merely nominal if the wrong is technical and the defendant can return the goods; it may be limited to the actual damage where the goods can be returned, but the wrong is substantial; but in ordinary cases it is the ...

Conversion damages refer to the monetary compensation that may be awarded to a person whose property has been converted (taken or used without permission).

The purpose of damages in a conversion case is to ?to compensate for the injury.? Where the measure of damages works an injustice, the court has ?the discretion required to fashion an equitable remedy.? The rule of damages for the tort of conversion is that a ?conversion should not unjustly enrich either the wrongdoer ...

Additionally, monetary damages may be requested to compensate the plaintiff for any losses suffered as a result of the conversion, such as the market value of the property at the time of conversion or any lost profits.

The Pennsylvania Supreme Court has held that punitive damages may be awarded only in cases where the defendant's conduct was: Malicious. Wanton. Willful.

Damages Available: 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.