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Subcontractor's suit belongs in Hamilton County

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The Indiana Court of Appeals Thursday reversed the denial by an Allen Circuit judge to remove a lawsuit brought in that county to Hamilton County, where two parties to the lawsuit had agreed in a contract any legal claims would be handled.

In City of Carmel, through its Redevelopment Commission v. Crider & Crider, Inc., Hagerman Construction Corporation, 02A04-1208-PL-416, the city of Carmel argued that the lawsuit brought in Allen County by Crider & Crider Inc. against Hagerman Construction Company and the Carmel Redevelopment Commission, which involved a cross-claim brought by Hagerman against the CRC, should be heard in Hamilton County. The CRC and Hagerman entered into a contract for the company to be the prime contractor to perform limestone and concrete work during the construction of the Carmel Performing Arts Center. Their contract dictated that lawsuits should be filed in Hamilton County.

Crider, who was hired as a subcontractor by Hagerman to perform excavation work, sued Hagerman and CRC, alleging breach of contract and unjust enrichment. Allen Circuit Judge Thomas Felts denied the CRC’s request the complaint be transferred to Hamilton County. Hagerman filed a cross-complaint against the CRC alleging it should be liable for any damages recovered by Crider on its complaint against Hagerman.

Hagerman and Crider claim that Allen County is the preferred venue under Trial Rule 75; the CRC maintains Trial Rule 21 applies.

“While the preferred venue analysis in Trial Rule 75 would normally govern a case where the plaintiff has not contractually agreed to a particular venue, Trial Rule 75 is trumped in this case by Trial Rule 21(B),” Chief Judge Margret Robb wrote. “After Crider filed its complaint against CRC and Hagerman, Hagerman filed a cross-claim against CRC. Due to the venue selection clause between Hagerman and CRC, it is clear that venue lies in Hamilton County as to the cross-claim between them.”

“All of the parties here agree that the original complaint and the cross-claim are ‘inextricably intertwined’ and should be decided together. Thus, Hamilton County is the appropriate venue for the entire matter,” the court concluded.
 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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