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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. Judge Roger B. Cosbey is unethical and bias toward African American who seeks justice in Title VII claims. He disrespected and used his authority to attempt to intimidate me into taking an unfair settlement and when I refused he proceeded to get my case dismissed and to deny me my Constitutional and Civil Rights. He disobeying several rules of law; specifically, by ruling on summary judgment motions against the Fed. R. Civ. P., without authority of Judge William C. Lee, without consent of the attorneys, and with conspiracy to commit “fraud on the court,” as he conspired with my former attorney. He proved to me that he is bias, unethical, unfair and unfit to be reappointed. In my opinion, he should be disbarred in 2013, for committing fraud on the court, which would make him ineligible for reinstatement in 2014. See docket 3:07 cv 629 where he rules on dispositive motions, knowing magistrates are not vested with that power (especially without consent), grants the defendant an unconscionable number of extensions, accepts my former attorney request for extension for dispositive motion knowing he was working with the opposition, and unbelievably grants the defendant another extension after he requested an extension after he missed the deadline. I know another attorney filed charges against him for bias in race discrimination case(s). I know what he did in my case before he voluntarily recused himself, I just do not know how many other innocent people have been stripped of their rights because of him. I say shame on him and no more of the same.

  2. they are pushing these cases against lawyers too far. thought-crime.

  3. vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!

  4. Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.

  5. With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.

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