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Superior Court Reverses Verdict Based Upon "No Felony Conviction Recovery" RuleAttached is a link to Holt v. Navarro from August 16, 2007 where the Superior Court reverses a trial court jury verdict of over 350K based upon the "no felony conviction recovery" rule. In the case, the Plaintiff was being transported between psychiatric facilities and escaped. Ultimately (the facts are interesting), he was arrested after assaulting a police officer and convicted of a felony. He then filed suit for negligence and prevailed at trial. The Superior Court reverses the verdict because it holds, as a matter of law, that under the "no felony conviction recovery" rule, the law precludes an individual from benefiting in a civil suit flowing from his criminal convictions. Also, the Superior Court finds that the trial court never made a determination as to proximate cause before sending the case to the jury and instead denied a motion for a nonsuit and sent the case to the jury with a factual cause instruction.
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