Jasper v. Blair

492 S.W.3d 579, 2016 Ky. App. LEXIS 99, 2016 WL 3382140
CourtCourt of Appeals of Kentucky
DecidedJune 17, 2016
DocketNO. 2014-CA-000204-MR
StatusPublished
Cited by12 cases

This text of 492 S.W.3d 579 (Jasper v. Blair) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jasper v. Blair, 492 S.W.3d 579, 2016 Ky. App. LEXIS 99, 2016 WL 3382140 (Ky. Ct. App. 2016).

Opinions

OPINION

TAYLOR, JUDGE:

Craig Jasper, d/b/a Creative Touch Jewelry, brings this appeal from a January 24, 2014, Trial Order and Judgment of the Whitley Circuit Court granting judgment in favor of Joyce Blair and awarding compensatory damages of $15,000. We affirm.

In early 2008, Joyce Blair’s home was burglarized and several items of jewelry were taken. Some of the jewelry was subsequently sold to a local jewelry shop and a pawn shop. Relevant to this appeal, on January 29, 2008, Steven Caudill sold one of Blair’s rings to Creative Touch Jewelry for $500. Shortly after the purchase, Creative Touch disassembled the diamond ring and sold the gold as scrap; the loose diamonds were retained. Following an investigation, Caudill was arrested and charged with the burglary. Caudill even[581]*581tually pleaded guilty to three counts of burglary in the second degree. By judgment entered September 26, 2008, Caudill was sentenced to ten-years’ imprisonment and was ordered to pay restitution to Blair.

On February 10, 2009, Blair filed a complaint against, inter alios,' Craig Jasper, d/b/a Creative Touch Jewelry, alleging conversion of the diamond ring. Blair had previously requested the return of her diamond ring; however, Creative Touch could only return the loose diamonds it had retained. Blair sought recovery of compensatory and punitive damages.

A two-day jury trial in the Whitley Circuit Court began on January 15, 2014. At the close of all the evidence, the court concluded “as a matter of law” that Jasper was liable to Blair for converting the diamond ring and presumably directed a verdict for liability only.1 The trial court then submitted the issue of damages to the jury. The jury ultimately awarded Blair $15,000 in compensatory damages against Jasper for conversion of the diamond ring. The jury declined to award punitive damages. This appeal follows.

Jasper contends on appeal that there was a complete absence' of evidence that he personally converted Blair’s diamond ring and that Blair failed to establish her damages in accordance with applicable law. Specifically, Jasper asserts that the trial court erred by directing a verdict against him for conversion of Blair’s diamond ring. Rather, Jasper claims that he was entitled to a directed verdict in his favor upon Blair’s conversion claim. Jasper argues the evidence presented demonstrated that the corporation, The Creative Touch of Corbin, Inc., purchased the diamond ring from Caudill and thereby converted it but that he personally was not liable. And, Jasper points out that Blair did not name the corporation as a party to the action. Alternatively, ■ Jasper contends that if a conversion occurred, it was by his ex-wife and business partner, Teresa Carpenter. In support thereof, Jasper asserts that Carpenter actually purchased the ring from Caudill, issued the receipt for the purchase, and paid Caudill for the ring.’ Accordingly, our review will first focus on whether the trial court erred by directing a verdict of liability' for conversion and denying Jasper’s motion for directed verdict.

A directed' verdict is proper when a reasonable juror could only conclude that the moving party was entitled to a verdict in his favor.' Kentucky Rules of Civil Procedure 50.01; Lee v. Tucker, 365 S.W.2d 849 (Ky. 1963). And, when considering a motion for directed verdict, the evidence and all reasonable inferences therefrom must be viewed in a light most favorable to the nonmoving party. Id.

In Bierman v. Klapheke, 967 S.W.2d 16 (Ky. 1998), the Kentucky Supreme Court established a strict standard of review for appellate courts in regard to rulings by trial courts upon a motion for directed verdict. The Court stated:

When engaging in appellate review of a ruling on a motion for directed verdict, the reviewing court must ascribe to the evidence .all reasonable inferences and ■deductions which support the claim of the prevailing party. Once the issue is squarely presented to the trial judge, who heard and considered the evidence, a reviewing court cannot substitute its [582]*582judgment for that of the trial judge unless the trial-judge is clearly erroneous.
In reviewing the sufficiency of evidence, the appellate court must respect the opinion'of the trial judge who heard the evidence....

Id. at 18 (citations omitted).

Conversion is an intentional tort and is generally defined as “the wrongful exercise, of dominion and control over the property of another.” Jones v. Marquis Terminal, Inc., 454 S.W.3d 849, 853 (Ky. App. 2014) (citations omitted). In this Commonwealth, the elements of the tort of conversion are set forth in Jones as follows:

(1) the plaintiff had legal title to the converted property;
(2) the plaintiff had possession of the property or the right to possess it at the time of the conversion;
(3) the defendant exercised, dominion over the property in a manner which denied the plaintiffs rights ,to use and enjoy the property and which was to the defendant’s own use and beneficial enjoyment; '
(4) the defendant intended to interfere with the plaintiffs possession;
(5) the plaintiff made some demand, for the property’s return which the defendant refused;
(6) the defendant’s act was the legal cause of the plaintiffs loss of the property; and ‘
(7) the plaintiff suffered damage by the loss, of the property.

Jones, 454 S.W.3d at 853 (quoting Ky. Ass’n of Counties All Dines Fund Trust v, McClendon, 157 S.W.3d 626, 632 n. 12 (Ky. 2005)). We shall examine the above elements of conversion in relation to the evidence introduced at tria} and determine whether the trial court properly rendered a directed verdict upon Jasper’s liability for the conversion of the diamond ring.

The record reveals that Blair presented undisputed evidence during trial establishing elements (1), (2), (5) and (7) of the tort of conversion. Blair testified that she possessed legal title to the diamond ring and had the right to possess the ring when it was converted. Blair also testified that she demanded return of the diamond ring and suffered damage as a result of the conversion. This evidence was uncontra-dicted; thus, no reasonable juror could differ upon elements (1), (2), (5), and (7) of the tort of conversion. We shall now analyze elements (3), (4) and (6).

Under element (3), it must have been demonstrated that Jasper exercised control over Blair’s ring, thereby denying her the right to use and enjoy the ring. Jasper testified -on Ms ■ own behalf and specifically stated that; he agreed to purchase the diamond ring from Caudill. After Jasper purchased the diamond ring, the ring was dissembled, and the gold was sold as scrap.

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492 S.W.3d 579, 2016 Ky. App. LEXIS 99, 2016 WL 3382140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jasper-v-blair-kyctapp-2016.