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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

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

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