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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. 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.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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