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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...