- 3 - Stevan Brandriet. FINDINGS OF FACT Some of the facts have been stipulated and are so found. The stipulated facts and the accompanying exhibits are incorporated into our findings by this reference. At the time the petition in this case was filed, petitioners resided in Watertown, South Dakota. On September 18, 1989, petitioners filed suit against Norwest Bank S.D., N.A. (Norwest) for rejection of petitioners' application for a Veterans' Administration home mortgage loan. The original complaint alleged fraudulent misrepresentation, negligent misrepresentation, and negligent processing of the application. The pleadings were later amended to include claims of intentional infliction of emotional distress and punitive damages. After an 8-day trial, the jury returned a verdict holding Norwest liable for negligent processing, fraudulent misrepresentation, and negligent misrepresentation; however, Norwest was found not liable for intentional infliction of emotional distress. Petitioners were awarded $41,453.22 in compensatory damages and $200,000 in punitive damages. The verdict was affirmed on appeal. See Brandriet v. Norwest Bank S.D., N.A., 499 N.W.2d 613 (S.D. 1993). Petitioners received the punitive damages in 1993; however, they did not report any of this amount on their 1993 FederalPage: Previous 1 2 3 4 5 6 7 Next
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