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COA upholds award of attorney fees but orders damages amount reduced against construction company

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A claimed scrivener’s error on the Secretary of State’s website should not be held against the couple filing the lawsuit against a company, the Indiana Court of Appeals held. The error involving an incorrect address on the website was made by an employee of the company being sued more than two years before the suit was filed.

A representative of Storm Damage Specialists of America solicited Porter County couple Melissa and Michael Johnson to repair their roof for suspected hail damage. The Johnsons agreed to hire the company and their insurer sent a check for $4,224.78 to the company to perform the work. SDS never repaired the roof and refused to refund the insurance proceeds.

The Johnsons sued SDS and sent the summons to the name and Gary address listed on the Secretary of State’s website. SDS never replied or appeared in court, so the trial court granted default judgment to the Johnsons. They received $23,936.94 for compensatory damages, treble damages, prejudgment interest, costs, and reasonable attorney fees, plus statutory interest at 8 percent per annum.

After the judgment was entered, SDS filed a motion to correct error, citing lack of service and an error in the judgment amount as grounds to set aside the award. It claimed an accountant sent the wrong address to the SOS’s office two years prior to the Johnsons’ lawsuit, but never corrected the error. The Johnsons had no reason to believe the address was an error because someone signed the return receipt at the address.

“The Johnsons complied with our rules of trial procedure when they sent the complaint and summons to Storm Damage Specialists’ acknowledged registered agent at the address it provided to the Indiana Secretary of State,” Judge John Baker wrote in Storm Damage Specialists of America d/b/a America's SDS Construction, Inc. v. Melissa A. Johnson and Michael B. Johnson, 64A03-1209-CT-386. “In our view, the fact that the registering of that particular address is claimed to be a scrivener’s error on the part of Storm Damage Specialists’ accountant is a burden that should be born by the company.”

But the amount of damages should be reduced, the judges ruled and the Johnsons conceded, because the trial court erred in quadrupling rather than trebling the compensatory damages that were awarded. The damage award should be reduced by $4,224.78. The amount of attorney fees awarded was affirmed.

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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