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Decomposition cleanup subject to lien law

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A decomposing body left in a Johnson County home has led the Indiana Court of Appeals to analyze the state mechanic's lien statute.

In a decision today in Midwest Biohazard Services LLC v. Hugh H. Rodgers and The Hugh C. Rodgers Trust, No. 41A05-0805-CV-290, a three-judge panel unanimously held that the lien statute's use of the word "repairs" should encompass work done by a biohazard cleanup company in 2007.

The elder Rodgers died sometime in 2007 at his Johnson County home, but his body wasn't discovered for several days. The decomposition resulted in fluids seeping from the body and into the carpet, subflooring, into the basement, and causing contaminants to be absorbed throughout the house. His son, Hugh Rodgers, contacted Midwest Biohazard and in September 2007 arranged a $13,500 contract to remove and dispose of the biohazard resulting from the decomposed body. Within a month, Rodgers notified the company he didn't intend to pay more than a deposit; the company eventually sued to foreclose on a mechanic's lien. The trial court dismissed Biohazard's claim to foreclose on the lien in April 2008.

On appeal, Biohazard argued that the trial court erred because the services it provided fell within the scope of the mechanic's lien statute as "repairs." Rodgers responded by arguing those services were merely cleaning services and the statute shouldn't apply.

"The word 'repair' has not been defined in the mechanic's lien statute," the Court of Appeals wrote, turning to dictionary definitions and noting that one definition is that the word means to "restore to a sound healthy state."

"The decontamination of the house performed by Biohazard clearly meets this latter definition of 'repair,' and we see no reason why the plain, ordinary, and usual meaning of repair would exclude restoring property 'to a sound healthy state,' as well as restoring by 'replacing a part or putting together what is torn or broken.'"

Looking at the purpose of the mechanic's lien statute, the court cited Moore-Mansfield Construction Co. v. Indianapolis, New Castle & Toledo Railway Co., 101 N.E. 296, 302 (1913), in which Indiana's justices held the law focused largely on whether the activities performed would increase a property's value.

"It takes no stretch of the imagination to recognize that a buyer would be willing to pay more for a house that was free from biohazard contaminants than she would be willing to pay for the same house in a contaminated state," Judge Patricia Riley wrote. "As such, the services allegedly performed ... undoubtedly increased the value of the house."

The court ruled the trial court erred in dismissing the claim and that an error existed in transferring venue from Johnson County to Jackson County, where the younger Rodgers lived and maintained the father's trust. The case has been reversed and remanded to Johnson Superior Judge Kim Van Valer.

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  1. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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