O'Hey v. Van Dorn

POLEN, Judge.

This case involves the curator for the estate of Fries bringing suit to marshal the assets of the deceased on grounds of undue *406influence, fraudulent inducement and breach of contract. The jury returned a verdict finding undue influence and breach of contract but failed to find fraudulent inducement. Based on its finding of inconsistency in the verdict, the trial court sua sponte ordered a new trial on both liability and damages. We reverse.

Beginning in the early 1970’s and continuing until her death in 1987, appellees Van Dorns developed a relationship with Fries. In 1982, Fries,…