Defendant obtained access to Plaintiff’s bank account and began diverting assets for his personal use. Plaintiff, a roofing company, went into debt and became unable to pay its bills as a result of Defendant’s actions. When the diversion was uncovered, Plaintiff revoked Defendant’s access to the bank account. Not long thereafter, Defendant went to an active job site and obtained $24,050 from one of Plaintiff’s clients by stating that work couldn’t be completed without payment. Defendant assured the client that the funds would be used to purchase supplies to continue the job. Defendant was unable to cash the check. Almost immediately after learning he couldn’t cash the check, Defendant returned to the client and had the client write a new check made payable to Defendant’s separate business. Defendant kept the funds.
Defendant was properly served, but failed to file an Answer. At a bench trial, the Court awarded $113,609.10 in compensatory damages and $100,000 in punitive damages. Shortly after entry of the Final Order, the Defendant moved for a new trial. The Court denied the Motion.