Thitchener v. Countrywide Home Loans, 192 P.3d 243 (Nev. 2008) (en banc).

Nov 01, 2008

OUTCOME: The matter was appealed to the Nevada Supreme Court. The Judgment was subsequently reduced to $2,021,726.36 which included the punitive damages of $968,070.

Jerry Thitchener was an Air National Guardsman who was called up to duty following September 11, 2001. Jerry was stationed in Tucson, Arizona. In July 2002, his pregnant wife Katrina and their two ch ... ildren went to stay with Jerry in Tucson for the last 6 months of his active duty deployment. They then planned on returning home to Las Vegas where they have lived for many years. While the Thitcheners were in Arizona, Countrywide Home Loans, their mortgage lender, foreclosed on another property near the Thitchener’s home. During that foreclosure process, something happened that caused the Thitchener’s home to be identified within Countrywide as the home that was foreclosed upon. Thereafter, Countrywide hired a local real estate agent to break into the Thitchener’s home, change the locks, and “trash-out” everything that was left in the house. This was done in short order, and EVERYTHING that the Thitchener’s had in their home was subsequently thrown into the garbage. The Thitchener’s losses included irreplaceable items such as baby pictures for Jerry, Katrina and the children, family pictures, military pictures signed by Jerry’s various units throughout the world, Jerry’s medals and military certificates, Jerry and Katrina’s wedding video, Katrina’s wedding dress, Katrina’s wedding ring, ultrasound photographs of the children, high school memorabilia for both Jerry and Katrina, and letters Jerry had received from his family while serving in the 1991 Gulf War, just to name a few. The case was tried before a jury over the course of 5 days. After finding in favor of the Thitcheners, the jury awarded them $922,690.00 in compensatory damages. The jury also concluded that there was clear and convincing evidence demonstrating that Countrywide “acted with conscious disregard,” “malice, express or implied,” or “oppression” sufficient to award the Thitcheners $2,500,000.00 in punitive damages during the second phase of trial. So, after adding in prejudgment interest to the compensatory components, and adding in awards for attorney fees and costs, the total Judgment awarded was $4,577,088.80.