Legal Opinion · Dissent

Aris Vision Institute, Inc. v. Wasatch Property Management, Inc.

Court of Appeals of Utah

Decided July 21, 2005No. Case No. 20040304-CAPublished

1DissentOrme, Judge

¶ 35 I am baffled by the trial court’s award of damages and by the majority’s affirmance of the entire award. I have no problem with the award of some $16,000 to compensate the tenant for personal property that came up missing while the landlord was wrongfully in possession of the premises. Likewise, I have no qualms about an award of $53,000 to compensate the tenant for damage to its lasers while in the landlord’s “care.” I fail to see, however, how damages for conversion and damages for trespass to chattels can be trebled pursuant to a statute that permits the extraordinary remedy of…

2Cases cited6 opinions

  1. Forrester v. CookUtah Supreme Court · 1930
  2. Cohn v. JC Penney Company, Inc.Utah Supreme Court · 1975
  3. Baden v. Sunset Fuel Co.Oregon Supreme Court · 1960
  4. P.H. Investment v. OliverUtah Supreme Court · 1991
  5. Martineau v. AndersonUtah Supreme Court · 1981

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