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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. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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