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Insurer loses appeal over matter litigated elsewhere

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An insurance company may not recover in Marion Superior Court claims paid for an auto accident after a St. Joseph court ruled a driver was not at fault in the crash.

The Indiana Court of Appeals affirmed a Marion Superior order to set aside an earlier entry of summary judgment in favor of the insurance company in Geico Insurance Company, as subrogee of Ralph Heitkamp v. Dianna Graham, 49A02-1310-CT-898.

Diana Graham and Janet Heitkamp were involved in an auto accident after which Heitkamp sued in a South Bend small claims court in an attempt to recoup her deductible. The court, though, found Heitkamp was at fault for the crash. Geico was notified of the ruling, according to the record, but later sued Graham in Marion Superior Court seeking to recover more than $7,500 it paid to Heitkamp, again claiming Graham was at fault.

Representing herself in Marion Superior Court, Graham presented no evidence or the prior ruling in her favor during a hearing at which the trial court granted summary judgment in favor of Geico. Counsel later filed a motion to set aside, which was granted.

“Geico’s Marion Superior Court claim against Graham was derivative of Heitkamp’s St. Joseph county small claim against Graham,” Judge Paul Mathias wrote for the panel. “Accordingly, the trial court did not err in granting Graham’s motion to set aside the judgment on the grounds that Geico’s current claim against her is barred by the claim preclusion branch of the doctrine of res judicata.”
   
 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

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  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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