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COA rules in favor of remodeler on unhappy client’s claim

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Finding the Clark Circuit Court erred in considering parol evidence when denying a remodeler’s motion for summary judgment, the Indiana Court of Appeals found the lower court should grant his motion on a lawsuit brought by a client for negligently performing work on her home.

Jenny Eldridge hired Kirstan Haub’s company American Handyman Service to do work and renovation projects around her home. At one point, he severed a gas line on her property and also did not refinish Eldridge’s hardwood floors properly. Haub sought to have his insurer, Indiana Farm Bureau Insurance, cover the cost for the work on the floors, but his insurer found the policy excluded coverage for defects in workmanship.

Eldrige later hired an attorney, who sought to settle with IFBI for the additional costs that Eldridge claimed she had to pay for work that was performed in a “negligent and unworkmanlike manner.”

Although her claims typically wouldn’t be covered by Haub’s insurance, a representative offered Eldridge $3,500 if Eldridge would sign a release of all claims against Haub and his company. She signed it and received the check.

But after the settlement, she sued Haub over the negligent work and property damage. Haub sought summary judgment, citing the release Eldridge signed. In her response, Eldridge designated as evidence a letter that her attorney allegedly sent to the IFBI representative which said her acceptance of the settlement wouldn’t preclude her claim against Haub for defective or incomplete work. The insurance company never received the letter.

Clark Circuit Special Judge Susan L. Orth cited the letter in her decision to deny Haub’s motion for summary judgment. The Court of Appeals reversed in Kirstan Haub, d/b/a American Handyman Service v. Jenny Eldridge, 10A01-1203-PL-107, finding the language of the release to be unambiguous in that it prevents Eldridge from bringing any suit for the work at issue in the settlement and that Orth erred in considering parol evidence. The appellate court ordered the trial court to enter summary judgment in favor of Haub.

 

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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