Facts

Both plaintiff Martin "Marty" J. Scalzo and defendant Frederick T. Scalzo claimed they were the legal owner of a 1963 red Stingray Corvette. The corvette was located on property owned by the Martin E. and Marion E. Scalzo 1987 Family Trust dated Jan. 27, 1987. Defendants Donna M. Ostermiller and Frederick T. Scalzo are Trustees of the Trust.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that his father, Martin R. Scalzo purchased the Corvette in 1968. In 2003, Martin R. Scalzo moved the corvette from his house to the family ranch for routine repairs and maintenance. Martin R. Scalzo transferred the title to plaintiff in 2005. The car was from 1968 to 2005, registered to Martin R. Scalzo. The car has been registered with the DMV in plaintiff, Martin "Marty" J. Scalzo's name since 2005.

DEFENDANTS' CONTENTIONS:
Defendants claimed that Martin R. Scalzo sold the Corvette to his brother in law, Ronald Ostermiller in 1969, and Ronald Ostermiller sold it to Frederick T. Scalzo in 1972. Defendants produced a certificate of title and bill of sale bearing the signature of plaintiff's father. Defendants contend that they paid for repairs and insurance for the car from 1969 to 2008. Defendants contend that plaintiff had no such evidence of repairs or insurance.

Settlement Discussions

Plaintiff offered to forgive the debt owed him by defendants in the amount of $34,000 in exchange for the car and defendants refused.

Damages

Loss of use at $100 per day for almost three years.

Result

Verdict for $1,506,500, reduced by Court to $315,000. The jury awarded plaintiff $106,500 in compensatory damages for the loss of use of Corvette, reduced to $45,000. The jury also awarded $1.4 million in punitive damages against defendants individually and as Trustees, which was reduced to $270,000.

Other Information

Defendants' motion for new trial was granted. Defendants will appeal. FILING DATE: Aug. 5, 2008.

Deliberation

one day

Length

five days