Posts by Douglas Masson
Our COVID-19 Precautions
To help prevent the spread of COVID-19, Hoffman, Luhman & Masson, PC is closed to walk-in members of the public. We will be available via telephone and e-mail or, where necessary, by appointment. To contact us: Phone: 765-423-5404 E-mail: General questions: hlb@hlblaw.com Doug Masson: djm@hlblaw.com Matt Salsbery: mas@hlblaw.com David Luhman: dwl@hlblaw.com If you need to make a payment,…
Read MoreSelf-Help Repossession Can Be Dangerous and Costly in Indiana
On December 10, 2015, the Indiana Court of Appeals decided the case of Auto Liquidation Center v. Chaca (pdf). The defendant, Auto Liquidation Center (“ALC”), sold a car on credit to the Plaintiff, Chaca. Mistakenly believing that Chaca was behind on payments, ALC ordered the vehicle repossessed. The mistake came from the fact that Chaca…
Read MoreInd. Supreme Court Issues Opinion Concerning Application for Fire Insurance
On December 2, 2015, the Indiana Supreme Court issued an opinion in Schmidt v. Indiana Insurance Company (pdf) concerning insurance coverage for a fire loss. The case involved a denial of a claim after a fire loss where it was discovered that the house had been unoccupied for quite some time but that fact was…
Read MoreCourt of Appeals Affirms Sentencing in Tippecanoe County Robbery Case
On November 25, 2015, the Indiana Court of Appeals affirmed the sentencing decision of Tippecanoe County Superior Court 2 Judge, Steven P. Meyer. The appeal concerned a November 5, 2014, robbery of a Village Pantry in Lafayette, Indiana. The defendant was one of three people robbing the store. During the course of the robbery, the…
Read MorePrisoner who is party to civil action does not have a right to a transport order
As attorneys for Tippecanoe County and its Sheriff, our firm has more than our fair share of interaction with prisoners. So, even though it was a non-precedential memorandum decision, the Court of Appeal’s September 24, 2015, decision was of interest – in particular, where the Court reiterated that: [A] prisoner who is a party to…
Read MoreForum Selection Clause, Domesticating a Judgment, and the West Lafayette Pita Pit
On August 26, 2015, the Indiana Court of Appeals issued a memorandum decision in the case of Running Man, LLC v. Nagy and Sak (pdf). (See also, this predecessor memorandum decision issued in 2010). Running Man, LLC is an Indiana limited liability corporation with a registered address in Muncie. The Nagsak Company of West Lafayette,…
Read MoreCourt of Appeals upholds summary judgment in favor of creditor against guarantor
On August 6, 2015, in the case of Smith v. M&M Pump and Supply (pdf), the Indiana Court of Appeals upheld the trial court’s summary judgment order in favor of a creditor against a guarantor. M&M was a supply company that provided materials to Lily Group. Smith was an employee of Lily Group who signed…
Read MoreDiscretionary Immunity for City in Personal Injury Claim Concerning Street Maintenance
On, July 16, 2015, the Indiana Court of Appeals decided the case of City of Beech Grove v. Beloat. The plaintiff was a woman who stepped in a pothole and broke her leg. She sued the City, claiming it was negligent in its maintenance of the street. The trial court denied the City’s motion for…
Read More"As-Is" Sales, Small Claims Proceedings, and the Economic Loss Doctrine
The world of small claims hearings can be a little rough and tumble. Our founding partner, Fred Hoffman, was known to refer to the decisions rendered in those hearings as “JP Justice” — referring to the old Justice of the Peace system. In those cases, it was not unusual for the small claims judges to…
Read MoreCourt of Appeals Considers Sufficiency of Notice to City Under Indiana Tort Claims Act
As attorneys for Tippecanoe County, we have had a considerable amount of experience with the Indiana Tort Claims Act (found at IC 34-13-3.) Court of Appeals decisions concerning ITCA are, therefore, always of some interest. On July 9, 2015, the Indiana Court of Appeals issued the memorandum decision of Stierwalt v. Barton (pdf). Because it’s…
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