Bernal v. Weitz

This is an appeal by the plaintiff from a judgment awarding nominal damages for her loss arising from the negligence of the defendant, Irwin Weitz, a duly appointed notary public.1 The plaintiff challenges the damage award, arguing that the judge relied on improper precedent and erred in finding that the extent of her loss was not adequately proven. In the alternative, the plaintiff urges that we find against the defendant for fraud or negligent misrepresentation and award damages accordingly.

The plaintiff, Amy Bernal (Amy), was married to Hugo Bernal (Hugo) from 1987 to 1991. In March, 1988,…