This past week, Adam Spence obtained a significant jury trial verdict in favor of his client. In its verdict, the jury set aside a transaction between close family members obtained through undue influence.
Over a year ago, Mr. Spence was hired by a daughter to bring suit against her mother for the recovery of $150,000 in life insurance proceeds belonging to the daughter. The mother pressured the daughter to turn over those proceeds, which the daughter did. In return for turning over the money, the mother promised to continue to take care of the daughter’s housing, food, clothing and significant health care costs. Yet, less than three months later, the mother not only removed the daughter from the house after a family fight but also completely cut the daughter off financially. The mother then proceeded to spend the entirety of the monies on herself.
This was a hard-fought case. Throughout the litigation, for example, the mother repeatedly refused to respond to simple discovery requests. Not one to be bullied or ignored, Mr. Spence obtained two separate orders compelling mother to ultimately produce over a thousand pages of damaging records.
This case ended with a five day jury trial. After combative exchanges of both expert and lay witness testimony, the Jury found that the mother wrongfully kept the insurance proceeds from her daughter. The jury also found that the mother’s attempted use of a power of attorney related to the monies was also unlawful. Finding in favor of daughter on her claims of unjust enrichment, detrimental reliance and undue influence, the Jury awarded Mr. Spence’s client a six figure verdict!
Congratulations to Adam on a hard-fought victory!