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Judges uphold refund to pilot unhappy with plane rental’s service

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A man who prepaid into an account to be used when he rented planes to fly is entitled to a refund of $1,755.88 from a company offering flight instruction and rentals, the Indiana Court of Appeals ruled. The judges rejected the company’s claims that the small claims court erred by ruling in the pilot’s favor.

Anthony Trojnar rented planes over the course of several years from Eagle Aircraft. As part of an arrangement with Eagle Aircraft, he would deposit $1,250 into his account at a time, which would give him a $100 credit from the company, so he wouldn’t have to pay every time he came in to rent a plane. Dissatisfied that Eagle Aircraft would frequently tell him at the last minute that the plane he had booked was unavailable, Trojnar sought to close his account and for the $1,855.88 in it to be returned.

He filed a small claims action in Porter Superior Court, in which Eagle Aircraft presented a document, “Course Refund Policy” signed by Trojnar, that said prepaid flight accounts are nonrefundable except under extenuating circumstances. Trojnar agreed the contract applied to him and admitted that he was not entitled to a $100 credit in his account, but the rest of the money was his. Eagle Aircraft claimed that Trojnar had $1,500 worth of credits in his account and was only entitled $355.88.

The small claims court ruled in favor of Trojnar, awarding him the $1,755.88.

Eagle Aircraft appealed on three grounds: whether the court, in taking Eagle Aircraft’s Ind. Trial Rule 41(B) motion under advisement and subsequently adjourning the hearing, denied it an opportunity to introduce evidence; whether the court abused its discretion or erred in finding, as amended by its order on Eagle Aircraft’s motion to correct errors, in Trojnar’s favor; and whether Trojnar was unjustly enriched by the court’s order.

Citing Redmond v. United Airlines, Inc., 165 Ind. App. 395, 332 N.E.2d 804 (1975), among other cases, the appellate court ruled, “Under the circumstances, in which the trial court in a small claims matter invited the defendant to present evidence following the defendant’s Ind. Trial Rule 41(B) motion, we conclude that the court did not deny Eagle Aircraft the opportunity to present evidence when it took its Trial Rule 41(B) motion under advisement.”

The court did not err in finding in Trojnar’s favor nor was he unjustly enriched, the judges held in Eagle Aircraft, Inc. v. Anthony Trojnar,
64A04-1207-SC-386.

“It was only through the presentation of evidence at the small claims trial and motion to correct errors hearing that established Defendant’s Exhibit A governed the relationship between the parties. Recognizing that the trial court was in the best position to weigh the evidence and that small claims actions are informal and have the goal of dispensing speedy justice, we cannot say that the court’s ruling that Trojnar demonstrated extenuating circumstances was clearly erroneous, and we conclude that the court did not err in ruling in Trojnar’s favor,” Judge Elaine Brown wrote.

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  1. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  2. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  3. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  4. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  5. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

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