Bank of Am., N.A. v. Genzler

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding jury award need not be reduced based on plaintiffs share of fault where the “substance” of the action is an intentional tort and plaintiff did not mislead the jury into believing that damages would be reduced based on plaintiffs fault
• refusing to find waiver/invited error where plaintiff sought apportionment on counts \other than those alleging intentional torts” and plaintiff \never argued to the jury or the court that the damages ... should be reduced by his [the smoker’s] portion of fault”
• “[W]e find no abuse of discretion in the trial court’s determination that ... this action ‘actually had at its core an intentional tort by someone.’ ”

Source: CourtListener parenthetical corpus (CC0).