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COA in Carmel to hear appeal of sanctions

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The Indiana Court of Appeals visits Carmel High School Thursday to hear arguments in a case stemming from a propane gas explosion.

Chief Judge John G. Baker and Judges Ezra Friedlander and Terry Crone will hear arguments in White-Rodgers, et al. v. Lonnie Kindle, et al., No. 55A05-0906-CV-308, at 10 a.m. in the auditorium of the high school, 520 E. Main St., Carmel.

White-Rodgers and other defendants are appealing the trial court's imposition of more than $18,000 in sanctions for alleged discovery noncompliance, as well as the merits of the underlying discovery orders preceding the sanction award.

White-Rodgers and others were sued by Lonnie Kindle and others who were involved in the 2004 explosion at an apartment in Morgan County. The plaintiffs' complaints were for strict products liability and negligent design of a water heater control because they believed there was a defect in the gas control valve on the water heater.

The sanctions stem from White-Rodgers' noncompliance in producing materials from a Missouri case against the company involving a propane gas explosion and a water heater with a White-Rodgers gas control valve.

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