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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. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

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