Suing Wanak’s Estate for Punitive Damages is like roofing a house of cards - What's your backup plan?
I read in the Iowa Business Record where developers are suing Jerrold Wanek’s estate and according to the article are seeking punitive damages. I didn’t know lawyer Wanek, but I do know Iowa law. It’s my opinion this claim will not end well for the developers who seek punitive damages against the Wanek Estate. An estate was opened on February 3, 2012 in Polk County, Iowa. [05771/ESPR063359] I’ve not reviewed the pleadings but assuming the Business Record story is accurate if a claim for punitive damages is being asserted the lawyers should review and be ready to argue against the holding in In re Estate of Vajgrt, No. 10-1088 (Iowa Sup. Ct. Aug. 5, 2011). The Vajgrt decision follows the majority view across the country.
Any claim for punitive damages seized to exist upon Mr. Wanek's death.
IN RE: the Estate of Johnny VAJGRT, Deceased, Bill Ernst, Inc., Intervenor–Appellant., No. 10–1088. Decided on August 05, 2011 there is no claim for punitive damages against and individual who has died. See Findlaw and the Iowa Supreme Court’s Opinion to read the Vajgrt decision.
* Gentleman to the right sat in front of the original Starbucks store in Seattle. Gregory Paul, playing off the Little Black Train CD. You can enjoy his music on YouTube.
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