952 N.W.2d 35
N.D.2020Background
- Plaintiff Riley S. Kuntz sued Ashlynn D. Leiss and Joseph R. Westbrook for trespass and conversion (theft) of his cat trap.
- Defendants did not answer or otherwise appear; the district court held an evidentiary hearing and entered default judgment for Kuntz.
- The court found both trespass and conversion occurred and awarded a money judgment for conversion of the trap.
- The district court denied any damages for the trespass claim, finding Kuntz suffered no actual damages and that he testified to no harm.
- Kuntz appealed only the denial of trespass-related damages (including punitive/exemplary and emotional-distress damages).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Kuntz was entitled to compensatory damages for trespass | Kuntz contends the court erred by denying damages for trespass | No appearance/none asserted | Court found no proof of actual compensatory damages; findings not clearly erroneous and award proper |
| Whether nominal damages should have been awarded | Kuntz argues he deserved damages for prevailing on trespass | No appearance/none asserted | Court should have awarded nominal damages, but failing to award them is harmless and does not warrant reversal |
| Whether exemplary (punitive) damages could be awarded | Kuntz sought exemplary damages on appeal | No appearance/none asserted; statute requires motion to amend to plead exemplary damages | Court refused to consider exemplary damages because plaintiff did not move to amend pleadings as statutorily required |
| Whether emotional-distress damages are recoverable here | Kuntz claims emotional distress from trespass | No appearance/none asserted | Issue waived: Kuntz identified no supporting evidence or argument in the record to sustain emotional-distress damages |
Key Cases Cited
- Burgard v. Burgard, 827 N.W.2d 1 (discusses limits of appellate review for default judgments)
- Buri v. Ramsey, 693 N.W.2d 619 (standard for reviewing district-court findings of fact on damages)
- Fargo Foods, Inc. v. Bernabucci, 596 N.W.2d 38 (legal conclusions are fully reviewable)
- Tibert v. Slominski, 692 N.W.2d 133 (definition and nature of civil trespass in North Dakota)
- Hummel v. Mid Dakota Clinic, P.C., 526 N.W.2d 704 (failure to award trivial nominal damages generally does not warrant reversal)
- Smith v. Carbide and Chemicals Corp., 226 S.W.3d 52 (in intentional trespass, actual injury required to recover more than nominal damages)
- State v. Obrigewitch, 356 N.W.2d 105 (issues unsupported by briefing are deemed waived)