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Judges affirm $40,000 judgment in lawsuit involving neighbors

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Noting the grounds on which a defendant sought relief from a $40,000 default judgment are unclear, the Indiana Court of Appeals affirmed that the man must pay his neighbor that amount.

George Niederkorn sued Dan Weaver for defamation, invasion of privacy and intentional infliction of emotional distress. Niederkorn attempted to serve Weaver by first-class mail and certified mail. In October 2012, Niederkorn personally served a copy of the complaint and summons on Weaver at his residence, which is across the hall from Niederkorn’s resident in a condominium complex.

A default judgment was entered in December after Weaver failed to respond. The judge in the case received a letter from Weaver dated the day before the default judgment was entered claiming he just received a letter and copy of the motion for default judgment. The trial court twice continued the evidentiary hearing on damages per Weaver’s request, but after he or an attorney failed to appear at a March 2013 hearing, the judge entered default judgment of $40,366.18 against Weaver.

Weaver later claimed he didn’t show up because he had jury duty; the judge checked and he had not been called for duty on the date of the hearing.  Weaver filed a motion to correct error, which was denied.

In Dan Weaver v. George Niederkorn, 49A05-1309-CT-448, the judges noted the grounds on which Weaver sought relief are unclear, but whether they look at it under T.R. 60(B) (1) or (6), Weaver has not established reversible error.

Weaver cited no authority to support his claim that Niederkorn’s personal service upon him was insufficient to confer personal jurisdiction and the judges refused to reweigh the evidence regarding whether the complaint was credible.

 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

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