COA Affirms Default Judgment Against Menards In Injury Lawsuit

first_imgCOA Affirms Default Judgment Against Menards In Injury LawsuitOlivia Covington for www.theindianalawyer.comA summons and complaint in a personal injury claim were adequately served on a Menards store in Gary, the Indiana Court of Appeals found Wednesday, so the store cannot seek relief from default judgment entered against it on the basis of the service of process.After suffering injuries due to a malfunctioning shopping cart at the Menards store in Gary, Reba Lane filed a personal injury claim against Menard Inc. in 2013. As part of her case, Lane sent a summons to Menards’ former registered agent, CT Corporation, who responded that it had not worked with Menards for more than five years and had no forwarding address to which to send the summons.Instead, Sgt. Brian Coubal with the Lake County Sheriff’s Department served the summons at the Gary store and via certified mail, each of which were addressed to “Attn: Highest Executive Officer Found on Premises.” He received a return receipt from the mail correspondence.In 2014, Lane moved for default judgment because Menards had not yet answered her complaint. The Lake Circuit Court granted her request and awarded her $500,000 in damages.Lane then moved to enforce judgment by proceedings supplemental and sent a copy of the motion to the Menards store in Gary. Counsel for Menards appeared in August 2014 and asked the court to set aside default judgment, arguing that it was void under Indiana Trial Rule 60(b)(6) for lack of personal jurisdiction. Further, Menards counsel argued that the default judgment was “tainted” by attorney misconduct and was a product of excusable neglect.The trial court denied Menards’ motion in May 2016, prompting the appeal in Menard, Inc. v. Reba Lane, 45A03-1606-CT-1283. On appeal, Menards claims that it did not receive the summons delivered by Coubal in person or the summons sent via mail and, further, that the service of process was not reasonably calculated to reach the highest executive officer on the premise.But in a unanimous opinion, a panel of the Indiana Court of Appeals found that a stamp indicating Coubal had delivered the summons and complaint and the return receipt from the copy of the summons sent by mail indicate that he followed Trial Rule 4.1(B), which regulates the service of process.Further, Judge Melissa May rejected Menards’ argument that Lane’s attorney committed misconduct because she should have attempted to notify two other law firms who had represented Menards in personal injury claims in the past of Lane’s complaint.Finally, the panel held that any breakdown in communication between the time when the summons was served on the store in person and via mail to the time when it reached the appropriate executive officer was the result of neglect, but not excusable neglect, because the panel concluded that Menards did receive service of process of the summons and complaint. Thus, the trial court did not abuse its discretion when it denied Menards’ motion to relief from default judgment.FacebookTwitterCopy LinkEmailSharelast_img read more

"COA Affirms Default Judgment Against Menards In Injury Lawsuit"

Dodgers’ late-arriving offense carries them past Padres

first_img How Dodgers pitcher Ross Stripling topped the baseball podcast empire “All the way around — Corey, when you know there’s an open base, you don’t know if they’re gonna pitch to you or not. You know he’s towards the end, but he hit a good pitcher’s pitch and roped it out,” Roberts said. “And Cody going with the pitch on contact and to go hard to give Dino (Ebel, third base coach) a chance. It was a great, aggressive send by Dino and Cody’s foot speed was a big run for us.”An inning later, the Padres’ defense opened the door again. After retiring the first two batters, Padres reliever Craig Stammen rushed to field Austin Barnes’ dribbler in front of the plate and threw over the head of the first baseman. Barnes went to second on the error and scored when Pollock came off the bench with a two-out RBI double that gave the Dodgers the lead.In the eighth inning, a balk moved Bellinger into scoring position for Chris Taylor to single him home. And Pollock led off the ninth with a solo home run, his third home run in his past six games. Pollock is off to a 12-for-33 start with four doubles, three home runs and six RBI in 10 games.“I slept about maybe one hour last night,” said Pollock, whose daughter Maddi was born prematurely in March and only recently was allowed to leave the hospital. “Maddi and Kate (Pollock’s wife) got to drive out here. It was the first time she was really sleeping next to our bed. I don’t know — maybe it helped me.”The late offensive life made a winner of May on a career night for the young right-hander — he struck out a career-high eight in a career-long six innings. None of the strikeouts was more impressive than the one that ended the first inning. A 99-mph two-seam fastball to Manny Machado moved so much laterally it nearly burrowed into Machado’s hip.“I couldn’t imagine a better pitch as far as on the filth-meter,” Roberts said. “It started middle in, and I think it ended up six, eight inches. That just speaks to the depth and the run. And now you’re talking about 99 miles an hour. It made a really, really good hitter look pretty bad.”May gave up just three hits but one was a two-out, RBI double by Fernando Tatis Jr. and another was Jake Cronenworth’s first major-league home run.“I was commanding both sides of the plate very well and my cutter was working,” May said. “Curveball was back foot. The one that I missed was a mistake and he hit it pretty far. But I mean other than that I felt like tonight I took a big step forward.”May’s electric stuff has been eye-catching since he made his major-league debut a year ago. He shrugged off questions about the movement on pitches like the one to Machado.“Honestly, I just throw it and that’s kind of how it comes out of my hand,” he said. “Grip it and rip it. That’s kind of my thought process with every pitch. I just let the grip do the work.”Given a lead to protect in the seventh, the Dodgers’ bullpen did the rest. Pedro Baez worked an uneventful seventh. Blake Treinen hit Josh Naylor to start the eighth (the fifth HBP in the game) but struck out Tatis, Grisham and Machado to strand Naylor at second.And in the ninth, Kenley Jansen retired the side in order.Related Articles Newsroom GuidelinesNews TipsContact UsReport an Error Fire danger is on Dave Roberts’ mind as Dodgers head to San Francisco Lamet’s undoing started with a 96-mph fastball up and in to Justin Turner with two outs in the sixth inning. Like inside fastballs have a tendency to do, it hit Turner. This one thumped into the back of Turner’s shoulder, the 74th time Turner has been plunked as a Dodger, setting the franchise record.More importantly, it extended the inning for Bellinger, who punched a single through the middle to break up Lamet’s no-hitter and bring up Corey Seager.It has been a race between Seager and A.J. Pollock for the Dodgers’ hottest hitter in the delayed season. Seager fell behind Lamet 1-and-2 but worked a nine-pitch at-bat, finally sending Lamet’s third 3-and-2 pitch into center field, driving in Turner.“That Seager at-bat was huge,” Roberts said gratefully.When center fielder Trent Grisham fumbled the ball, Bellinger ran aggressively around third and scored to tie the game when Padres catcher Francisco Mejia couldn’t field the throw home. Dodgers hit seven home runs, sweep Colorado Rockies Like Dustin May’s fastball, the Dodgers’ offense showed some late life Tuesday night.No-hit into the sixth inning, the Dodgers scored in every inning after that, coming from behind to beat the San Diego Padres 5-2 at Petco Park.PreviousDodgers third baseman Justin Turner warms up during the seventh inning against the Arizona Diamondbacks on Sunday, Aug. 2, 2020, in Phoenix. (AP Photo/Ross D. Franklin)Francisco Mejia #27 of the San Diego Padres collides with Austin Barnes #15 of the Los Angeles Dodgers as he scores during the third inning of a baseball game at Petco Park on August 4, 2020 in San Diego, California. (Photo by Denis Poroy/Getty Images)Los Angeles Dodgers third baseman Justin Turner runs down a ground ball before throwing out San Diego Padres’ Fernando Tatis Jr. at first during the first inning of a baseball game Tuesday, Aug. 4, 2020, in San Diego. (AP Photo/Gregory Bull) SoundThe gallery will resume insecondsLos Angeles Dodgers starting pitcher Dustin May works against a San Diego Padres batter during the first inning of a baseball game Tuesday, Aug. 4, 2020, in San Diego. (AP Photo/Gregory Bull)Los Angeles Dodgers’ Cody Bellinger, center, scores off a single by Corey Seager as San Diego Padres catcher Francisco Mejia, right, is late with the tag during the sixth inning of a baseball game Tuesday, Aug. 4, 2020, in San Diego. Los Angeles Dodgers’ Justin Turner also scored on the play, and San Diego Padres center fielder Trent Grisham picked up a throwing error. (AP Photo/Gregory Bull)San Diego Padres starting pitcher Dinelson Lamet works against a Los Angeles Dodgers batter during the first inning of a baseball game Tuesday, Aug. 4, 2020, in San Diego. (AP Photo/Gregory Bull)San Diego Padres’ Francisco Mejia, above, collides with Los Angeles Dodgers catcher Austin Barnes before scoring off a double by San Diego Padres’ Fernando Tatis Jr. during the third inning of a baseball game Tuesday, Aug. 4, 2020, in San Diego. (AP Photo/Gregory Bull)San Diego Padres’ Francisco Mejia, above, collides with Los Angeles Dodgers catcher Austin Barnes before scoring off a double by San Diego Padres’ Fernando Tatis Jr. during the third inning of a baseball game Tuesday, Aug. 4, 2020, in San Diego. (AP Photo/Gregory Bull)San Diego Padres’ Francisco Mejia, above, collides with Los Angeles Dodgers catcher Austin Barnes before scoring off a double by San Diego Padres’ Fernando Tatis Jr. during the third inning of a baseball game Tuesday, Aug. 4, 2020, in San Diego. (AP Photo/Gregory Bull)Francisco Mejia #27 of the San Diego Padres collides with Austin Barnes #15 of the Los Angeles Dodgers as he scores during the third inning of a baseball game at Petco Park on August 4, 2020 in San Diego, California. (Photo by Denis Poroy/Getty Images)Cody Bellinger #35 of the Los Angeles Dodgers tosses his bat after hitting a fly ball during the fourth inning of a baseball game against the San Diego Padres at Petco Park on August 4, 2020 in San Diego, California. (Photo by Denis Poroy/Getty Images)Dustin May #85 of the Los Angeles Dodgers pitches during the first inning of a baseball game against the San Diego Padres at Petco Park on August 4, 2020 in San Diego, California. (Photo by Denis Poroy/Getty Images)San Diego Padres’ Jake Cronenworth, right, is greeted by Manny Machado, left, after hitting a home run during the fourth inning of a baseball game Tuesday, Aug. 4, 2020, in San Diego. (AP Photo/Gregory Bull)Jake Cronenworth #9 of the San Diego Padres celebrates after hitting a solo home run during the fourth inning of a baseball game against the Los Angeles Dodgers at Petco Park on August 4, 2020 in San Diego, California. (Photo by Denis Poroy/Getty Images)San Diego Padres’ Jake Cronenworth, right, rounds the bases after hitting a home run off Los Angeles Dodgers starting pitcher Dustin May, left, during the fourth inning of a baseball game Tuesday, Aug. 4, 2020, in San Diego. (AP Photo/Gregory Bull)Cody Bellinger #35 of the Los Angeles Dodgers scores ahead of the throw to Francisco Mejia #27 of the San Diego Padres during the sixth inning of a baseball game at Petco Park on August 4, 2020 in San Diego, California. (Photo by Denis Poroy/Getty Images)Cody Bellinger #35 of the Los Angeles Dodgers scores ahead of the tag of Francisco Mejia #27 of the San Diego Padres during the sixth inning of a baseball game at Petco Park on August 4, 2020 in San Diego, California. (Photo by Denis Poroy/Getty Images)Fernando Tatis Jr. #23 of the San Diego Padres celebrates after the Padres scored a run during the fourth inning of a baseball game against the Los Angeles Dodgers at Petco Park on August 4, 2020 in San Diego, California. (Photo by Denis Poroy/Getty Images)Dodgers third baseman Justin Turner warms up during the seventh inning against the Arizona Diamondbacks on Sunday, Aug. 2, 2020, in Phoenix. (AP Photo/Ross D. Franklin)Francisco Mejia #27 of the San Diego Padres collides with Austin Barnes #15 of the Los Angeles Dodgers as he scores during the third inning of a baseball game at Petco Park on August 4, 2020 in San Diego, California. (Photo by Denis Poroy/Getty Images)NextShow Caption1 of 18Francisco Mejia #27 of the San Diego Padres collides with Austin Barnes #15 of the Los Angeles Dodgers as he scores during the third inning of a baseball game at Petco Park on August 4, 2020 in San Diego, California. (Photo by Denis Poroy/Getty Images)ExpandPlaying without Mookie Betts (he entered on defense in the eighth inning) in the starting lineup for a second consecutive day, the Dodgers couldn’t manage a hit against Padres starter Dinelson Lamet until the sixth inning. Coupled with a late slide in Monday’s game, the Dodgers had gone 1 for 31 against Padres pitching — the lone hit being Cody Bellinger’s solo home run in the ninth inning Monday — through Lamet’s first 5 2/3 innings Tuesday and trailed 2-0.“Credit to Lamet. No-hit baseball through five and really had his way with us,” Dodgers manager Dave Roberts said. “We really weren’t getting good swings off him.” Dodgers’ Max Muncy trying to work his way out of slow start Cody Bellinger homer gives Dodgers their first walkoff win of season last_img read more

"Dodgers’ late-arriving offense carries them past Padres"