It is a partial victory for James Nibbe’s family in their civil lawsuit against Jennifer Nibbe. The Nibbes, represented by Scott Kelly, are suing Jennifer Nibbe for the wrongful death in the killing of James Nibbe in 2010. On October 25th, the judge granted a partial summary judgment, ruling that the evidence overwhelming showed that Jennifer Nibbe was liable in James’ death.
A jury will still be required to decide what damages the family should receive for the loss of James Nibbe. The jury also will have to decide if the family is entitled to punitive damages and , if so, what the damage amount should be. Punitive damages are used as a financial punishment for defendants who show a “deliberate disregard for the rights or safety of others.”
If the Nibbe family is granted civil or punitive damages, the money will be used for a scholarship fund that has been started in James Nibbe’s name.