Judges affirm attorney fees from State Farm’s ‘groundless’ lawsuit

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A car dealership accused of playing a role in a car fire that destroyed four cars and part of a man’s home is entitled to the more than $12,000 in attorney fees awarded to it after State Farm’s negligence lawsuit was dismissed. The Indiana Court of Appeals noted the insurer’s refusal to dismiss the claim despite knowing the dealership was not at fault for the fire.

Kenneth Burkhart, insured through State Farm Fire & Casualty Co., filed a claim with State Farm after his 2006 GMC truck caught fire while parked in his garage. The fire engulfed the garage, the truck and three other cars, and a portion of his house. Burkhart said the last people to enter the engine compartment were employees of H.H. Niswander. The dealership had performed an oil change on his truck about a week before the fire.

State Farm instituted an investigation and Timothy Herndon and Walter Herndon, of Herndon & Associates, determined the fire was a result of oil leaking from the engine and into the ignition. It was classified as an accidental fire. The report was concluded ten months before State Farm filed its complaint.

During a deposition of State Farm’s experts, Timothy Herndon explained that he believed the oil change had nothing to do with the fire and it was due to a manufacturing defect. State Farm refused to dismiss the case. The dealership filed a motion to dismiss and sought sanctions and fees. The trial court dismissed it with prejudice and ordered State Farm to pay $12,503.39 in attorney fees incurred by H.H. Niswander, noting that State Farm knew prior to filing the suit that the dealership did not cause the fire.

In State Farm Fire & Casualty Company a/s/o Kenneth Burkhart v. H.H. Niswander, 35A02-1307-CT-638, State Farm appealed the order to pay attorney fees. But the Court of Appeals affirmed, finding State Farm’s lawsuit was groundless.

“Based on our standard of review, we cannot find with a definite and firm conviction that the trial court made a mistake in determining that State Farm pursued the lawsuit against H.H. Niswander without evidence that H.H. Niswander was negligent or caused the fire,” Chief Judge Nancy Vaidik wrote.


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

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...