Burnett v. Thrifty Imports, Inc.

HOLSTEIN, Chief Judge.

Plaintiff Vicki Burnett brought an action for fraud against defendant Thrifty Imports, Inc. (Thrifty). A jury returned a verdict awarding plaintiff $1,500 actual damages and $3,000 punitive damages. Judgment was entered on the verdict. Thrifty appeals.

Four points are raised on appeal: (1) there was no probative evidence to support one element of plaintiff’s claim of fraud, (2) plaintiff, during her testimony, abandoned her claim for punitive damages, (3) there was no probative evidence to support the claim for punitive damages, and (4) the approved instruction defining…