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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. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

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  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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