Theis v. Kalvelage

Nov 25, 2015

OUTCOME: Reversed and Remanded

2015 WL 7567548 (Final Publication Pending) After another attorney handled the case at trial, Patrick represented the losing party (the defendant) on appeal. The Court of Appeals agreed with Patrick ... that the plaintiff failed to prove the elements of conversion and further agreed that the district court should have applied the elements of negligence under a theory of constructive bailment. The Court of Appeals remanded the case for dismissal of the plaintiff's claims and for entry of judgment on a counterclaim in favor of Patrick's client, with costs of the appeal assessed to the plaintiff.