Facts

Plaintiff John Baldrica filed suit against defendant Burley Linhart for breach of contract, financial elder abuse, fraud, and negligent misrepresentation.

PLAINTIFF'S CONTENTIONS: Baldrica contended that Linhart borrowed $85,000 from Baldrica but failed to pay him back according to the written agreement between the parties. Baldrica further contended that after Linhart borrowed the money, Linhart engaged in repeated acts of fraud and deception in order to avoid paying Baldrica the money that he owed. Baldrica further contended that Linhart's conduct in that regard amounted to financial elder abuse.

DEFENDANT'S CONTENTIONS: Linhart contended that he and Baldrica orally amended the agreement and that Baldrica waived his rights under the contract. Linhart denied the allegations of fraud and financial elder abuse.

Result

The jury found for plaintiff on the causes of action for breach of contract, financial elder abuse, fraud - false promise, and fraud concealment and awarded plaintiff $455,882, which included an award of $85,000 in punitive damages.