ELR Citation: ELR 20301
No(s). B195336 (Cal. App. 2d Dist. Dec 10, 2008)

A California appellate court upheld a jury verdict awarding $1.7 million to an individual who bought a gas station based on intentional misrepresentations made about the environmental condition of the property. The jury’s verdict is supported by substantial evidence. The court described the case as "a paradigm fraudulent concealment case." There is no doubt about what was concealed, no doubt that what was concealed was not merely material but crucial, and no doubt that the seller—a large gasoline company—intended to deceive the individual. The trial court was therefore correct in denying the company's motion for a judgment notwithstanding the verdict. The court, however, erred in not awarding punitive damages.