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COA affirms $55k judgment for couple who purchased wind turbine

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The Indiana Court of Appeals found that a St. Joseph Superior judge applied the correct legal standard in determining that a company breached a contract with a couple that purchased a wind turbine that failed to live up to the company’s claims.

Roger and Patricia Finney sued Wind Wire LLC in August 2010 alleging, among other things, breach of contract, breach of implied warranty of fitness for a particular purpose, and fraud. The Finneys received a brochure from Wind Wire in the mail that touted the benefits of installing a wind turbine. It claimed that a person can save $160 a month on electric bills and homeowners will receive substantial refund on taxes.

When a representative came to talk to the Finneys, he did not clarify the brochure and claimed that the company providing their electric service would buy the excess energy produced by the Finneys’ turbine. They purchased one, but found no energy savings. In fact, it cost them more money on electricity as the turbine used power even when not running.

Judge Jenny Pitts Manier found Wind Wire fraudulently induced the couple to enter into the contract by misrepresenting its experience and expertise. Manier awarded the Finneys a total judgment of $54,893, which included attorney fees and treble damages.

Wind Wire tried to rely on its integration clause in the contract, which disclaimed reliance on any prior representations. In Wind Wire, LLC v. Roger Finney and Patricia Finney, 71A03-1202-PL-78, the COA found Manier did not apply the wrong legal standard, citing Circle Ctr. Dev. Co. v. Y/G Ind., L.P., N.E.2d 176, 179 (Ind. Ct. App. 2002).  


 

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  1. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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