Omari v. Kindred Healthcare
Appellants appeal from a judgment entered upon special verdicts finding Kindred liable for breach of contract, fraud and intentional conversion of medical equipment belonging to respondents Tarik Omari and Bio Tek Technology, Inc., doing business as Tartech. (See appendix A.) The jury also found by clear and convincing evidence that Kindred committed the fraud or conversion by means of malice, oppression or fraud, and awarded punitive damages. (See appendix B.) Kindreds primary contentions are that the fraud verdicts are not supported by substantial evidence, the court erroneously excluded impeachment evidence, compensatory and punitive damages were excessive and the punitive damage award was invalid under California law and the United States Constitution. Court reject appellants contentions and affirm the judgment.
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