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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Newbury v. Virgin, 802 A.2d 413 (2002)

Citation
Newbury v. Virgin, 802 A.2d 413 (2002)
Parent Document
Newbury v. Virgin, 802 A.2d 413 (2002)
Jurisdiction
Maine (state)
Effective Date
2002-07-30

Full Text

914 chars
CLIFFORD, J.
[¶ 1] Justin Newbury appeals from a judgment entered in the Superior Court (Kennebec County, Harden, J.) against Howard Virgin for illegal eviction and conversion of personal property. Pursuant to M.R. Civ. P. 50(b) the court, concluding that the evidence was insufficient as a matter of law, vacated that part of the jury verdict awarding Newbury consequential damages for lost profits and punitive damages. Following the court’s action, the judgment in favor of Newbury was limited to compensatory damages for conversion, and damages and attorney fees for the illegal eviction. Newbury contends that the court erred because the evidence, viewed in a light most favorable to him, was sufficient to support a jury finding-that Newbury was entitled to recover damages for lost profits, and a finding that Virgin acted with malice, entitling New-bury to punitive damages. We vacate the court’s judgment.