Gavcus v. Potts

808 F.2d 596 (7th Cir. 1986)

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Nature of the Case

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Facts

Mrs. Gavcus (P) sued Potts (D) for trespass and unlawful removal of silver coins from her home. Mr. Gavcus died in March 1981. D was Mr. Gavcus’ daughter by a prior marriage and was a residual beneficiary under her father’s will. D’s family attended the funeral and left several days later after saying with P in her home. D then returned the day after they left the home of P and in her absence removed a large quantity of silver coins valued at more than $150,000. The deputy who investigated contacted D who later returned the coins to the sheriff’s office. A couple of weeks later P hired an attorney to get the coins back. The circuit court determined that the coins belonged to P and ordered their return. P then sued for damages including attorney fees from the prior litigation to get the coins back. P did not claim any physical injury to her real property, but the court did allow evidence that P had installed new locks and a burglar alarm. The jury awarded P $3,126 for the cost of the locks and a burglar alarm and $12,000 in attorney fees. The district court set aside the jury’s damages awards and entered judgment for P for nominal damages of one dollar. P appealed.