ROBERT BEATTY VS COLLEEN BEATTY
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| Case Name: | ROBERT BEATTY VS COLLEEN BEATTY |
| Case Number: | LACV016368 |
| Date of Trial: | 08/21/2019 |  | Venue: | Adams County |
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| Casetype/Claims: | PROPERTY/FINANCE DAMAGE (NOPI) |
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| Judge: | DUSTRIA A. RELPH |
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| Plaintiff's Counsel: | RYAN A GENEST | | Defendant's Counsel: | JOSEPH GILBERT BERTOGLI |
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| Verdict: | Plaintiff's verdict: Constructive bailment - $7,627; Conversion - $1,000; Punitive damages - $6,000
Counterclaim: Converted property - $2,241.60 |
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| Demand Before Trial: | |
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Statement of Case:
Robert and Colleen Beatty were formerly married, and now divorced. Prior to the parties being granted a Decree of Dissolution of Marriage, Colleen made allegations that Robert had committed an act of domestic violence towards her. Initially, this resulted in Robert being arrested and charged with the crime of domestic abuse assault. A No Contact Order was issued prohibiting him from residing at the parties' martial home, having access to the home or any of the contents thereof. Robert entered a plea of not guilty to the allegations that he had committed domestic violence. He was found not guilty by a jury of his peers. As a result of the not guilty verdict, the No Contact Order that had been entered as part of the criminal prosecution was dropped; however, prior to being' able to go back to the home, Colleen obtained an ex parte civil No Contact Order pursuant to Iowa Code Chapter 236 which continued to prohibit Robert from going to the home or having the opportunity to inspect its condition. The parties eventually entered into a binding Stipulation which was adopted by the Court. The stipulation awarded Robert the real estate and numerous items of personal property that Colleen
had previously possessed by virtue of the No Contact Orders, first in the criminal action and then in the civil action. The Stipulation provided that the parties had acquired certain farm equipment and other assets in the farming operation and all machinery, implements, motor vehicles and other similar type assets were awarded to Robert with the exception of certain specifically noted items which were awarded to Colleen. Robert had no opportunity to review the property prior to the execution of the Stipulation. After the Order was entered, Colleen held over on the property for a period of time, eventually vacating the property on or about December 1, 2017. Upon returning to the property, Robert discovered that numerous items of property that he had been awarded in the Stipulation had been either taken by Colleen or damaged by her. Plaintiff, Robert Beatty, claims that the Defendant, Colleen Beatty, by making unfounded accusations of domestic abuse by Robert, forced him to be removed from the home's premises and deprived him of possession of property that belonged to him thereby becoming a constructive bailee. Colleen failed to keep property ultimately awarded to Robert in good and proper condition. Additionally, Robert Beatty alleges that Colleen Beatty has committed the tort of conversion by taking certain items of property which had been awarded to Robert. Defendant, Colleen Beatty, denies the Plaintiffs claims and raises defenses and counterclaims of her own. She claims Robert caused damage to the property prior to her taking possession of said property. Colleen further alleged that Robert failed to keep the property awarded to Colleen in good and proper condition and as a result of his failure to maintain the property in good proper condition, Colleen has been damaged. Finally, Colleen alleged that Robert has wrongfully taken certain items of property, acting with malicious and willful intent, and she has been damaged as a result therefrom. |
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| Injuries alleged: | |
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| Official Jury Verdict Form: |
 LACV016368 Verdict form.PDF |
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Documents of interest:
(when available) |  LACV016368 Plaintiff's proposed instructions.PDF LACV016368 Defendant's proposed instructions.PDF LACV016368 Combined instructions.PDF |
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