Wysocki v. Johnson

Summary

The Indiana Supreme Court held that a trial court may award compensatory damages for common-law fraudulent misrepresentation while declining to impose liability under the Crime Victims Relief Act (CVRA) when alternative theories of relief are pleaded. The court clarified that CVRA liability requires proof of the underlying criminal offense by a preponderance of the evidence, but does not require criminal charges or a conviction. It affirmed the trial court’s judgment denying CVRA attorney fees, costs, and exemplary damages.

Holdings

1. When a plaintiff pleads common-law tort and CVRA theories in the alternative, the trial court has discretion to impose ordinary tort liability while declining to impose quasi-criminal CVRA liability, even if the same conduct could support the CVRA predicate offense.
2. A knowing misrepresentation on a residential real estate sales disclosure form does not automatically require CVRA liability; the court may decline CVRA relief when the plaintiff has pleaded alternative grounds for recovery.
3. CVRA liability is civil and requires proof of each element of the underlying criminal offense by a preponderance of the evidence; it does not require that the defendant have been criminally charged or convicted, nor does it require proof beyond a reasonable doubt.

Questions Presented

1. Whether a trial court may award compensatory damages for common-law fraudulent misrepresentation while declining to impose liability or award attorney fees, costs, and exemplary damages under the Crime Victims Relief Act when the plaintiff pleads alternative theories.
2. Whether a CVRA claim requires a criminal charge or conviction, or proof beyond a reasonable doubt, for the underlying criminal offense.
3. Whether a knowing misrepresentation on a residential real estate sales disclosure form automatically establishes CVRA liability.

Disposition

affirmed