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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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  1. 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.

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

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

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  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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