ILNews

Moving chattel for suit doesn't establish venue

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In its opinion today regarding a breach of warranty case, the Indiana Court of Appeals had to define for the first time what "regularly located or kept" meant for purposes of Indiana Trial Rule 75(A)(2).

In Gulf Stream Coach, Inc. v. Joseph and Dawn Cronin, No. 48A02-0808-CV-686, Gulf Stream Coach appealed the denial of its motion to transfer venue to Elkhart County from Madison County. Joseph and Dawn Cronin, who lived in Pennsylvania, filed a suit against the RV maker after they claim they began having various problems with the RV just a few months after purchase. The Cronins left the RV in a parking lot in Anderson, Ind., in February 2006 and filed its complaint in September 2006 in Madison Circuit Court. Gulf Stream argued Elkhart County was the preferred venue because that's where the company's principal office is located. The trial court denied the company's motion to dismiss or transfer, ruling the RV was regularly kept in Madison County for several months before the suit was filed and continues to be there.

In determining whether Madison County also qualified as a preferred venue, the Court of Appeals examined Rule 75(A)(2) and focused on the meaning of "regularly." The appellate court discovered the meaning of "regularly" hadn't been the subject of any Indiana appellate opinions.

Gulf Stream argued the motor home was brought to Madison County only for purposes of the litigation and therefore wasn't "regularly" located or kept in the county.

Because the Cronins have no connection to Madison County other than the litigation, the Court of Appeals deduced the couple seemed to have either picked Madison County for purposes of the litigation and then chose an attorney, or picked an attorney in Madison County and then brought the RV to that county, wrote Judge Patricia Riley.

The trial court was incorrect to rule that because the motor home sat in the parking lot for seven months that it was "regularly located or kept" there. Using the Webster's Dictionary definition of "regular," the appellate court ruled the RV was brought to Madison County for the purposes of the litigation and that the use of "regularly" in the trial rule was included to prevent a party from establishing preferred venue by simply moving chattel to a certain location in anticipation of a lawsuit, she wrote.

"As such, we hold that, when a party moves a chattel to a county, whether from out-of-state or from another Indiana county, solely for purposes of litigation, that county does not become the county where the chattel is "regularly located and kept" under Rule 75(A)(2) and therefore is not a preferred venue under Rule 75," she wrote.

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  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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