ILNews

COA affirms Pennsylvania proper forum for complaint

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals ruled Monday that a producer of limestone and other products must file its complaint for indemnification in Pennsylvania based on its contract with a trucking company, and not Lake County, Ind.  

Carmeuse Lime & Stone and Carmeuse Lime Inc. filed a complaint in Lake Superior Court against Illini State Trucking Inc. seeking indemnification based on their contract with Illini after one of the trucking company’s subcontractors received chemical burns on Carmeuse’s property. The injured subcontractor John Ruiz sued Carmeuse in Lake County alleging premises liability.

Before Carmeuse filed its suit in state court, it filed a similar third-party complaint in federal court, where Ruiz’s lawsuit was pending. The federal judge dismissed Carmeuse’s complaint without prejudice because it failed to allege any facts that Ruiz’s personal injuries were cause by Illini’s performance under the agreement or the negligent acts or omissions of Illini.

After Carmeuse submitted in state court the proposed amended complaint and controlling contract as an attachment to its motion for leave to amend, Illini raised the issue that Lake County was not the proper forum based on the contract between the two companies. The contract states that any legal action related to the contract shall be brought in Allegheny County, Pa.

The Lake Superior judge dismissed the complaint and denied the motion to amend brought by Carmeuse.

In Carmeuse Lime & Stone and Carmeuse Lime, Inc. v. Illini State Trucking, Inc., 45A03-1211-CC-462, Judge Elaine Brown pointed out when Carmeuse initially filed its complaint in state court, Illini didn’t know how to respond because the complaint was averred as if it were submitted by a third-party plaintiff asking for indemnification against the claims of an injured plaintiff and it did not contain a copy of the contract at issue.

“Further, Carmeuse does not cite to authority for its proposition that because Illini did not assert the forum selection clause when it responded to Carmeuse’s third party complaint in the federal action it waived its ability to rely on the clause in a subsequent state court action,” she wrote. “Carmeuse also does not cite to authority that because the contract had been previously litigated in federal court, Illini was on notice, so to speak, regarding the forum selection provision of the contract, and that accordingly it was required to raise the forum selection clause in its original motion to dismiss despite the fact that the contract had not been attached to the original complaint. Under these circumstances, we cannot say that Illini waived its ability to raise the forum selection clause with the court.”

Enforcing the forum selection clause was not unjust or unreasonable. Carmeuse is not barred under the doctrine of res judicata from bringing the complaint against Illini in the proper forum, the COA ruled.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  2. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  3. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  4. Why do so many lawyers get away with lying in court, Jamie Yoak?

  5. Future generations will be amazed that we prosecuted people for possessing a harmless plant. The New York Times came out in favor of legalization in Saturday's edition of the newspaper.

ADVERTISEMENT