United States Fourth Circuit

In case involving sale of used car, denial of defendants' motions for judgment as a matter of law on plaintiff's common law fraud claim and refusal to submit the issue of punitive damages to the jury in the 2005 trial are affirmed as: 1) plaintiff's allegations that were part of the "Actual Fraud" claim state with sufficient particularity the broader mileage-and-clipping theory of the fraud claim; and 2) since plaintiff failed to properly develop the record on the punitive damages issue, the court's ruling must be affirmed.

Appellate Information

• Decided 05/18/2007
• Published 05/18/2007

Judges

• Before MICHAEL, MOTZ, and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David Dennis Walker, Salem, Virginia, for Appellants/Cross-Appellees.  Harding Kent Crowe, Crowe & Davis, Conover, North Carolina, for Appellee/Cross-Appellant.   ON BRIEF:  Elmer R. Woodard, III, Danville, Virginia, for Appellee/Cross-Appellant.