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Scotwood Industries, Inc. v. Meats

Court of Appeals of Indiana

February 6, 2014

SCOTWOOD INDUSTRIES, INC., Appellant-Defendant,
v.
DAVID MEATS, Appellee-Plaintiff

Editorial Note:

These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).

APPEAL FROM THE HAMILTON SUPERIOR COURT. The Honorable Gail Z. Bardach, Judge. The Honorable David K. Najjar, Magistrate. Cause No. 29D06-1209-SC-10042.

ATTORNEYS FOR APPELLANT: BRUCE P. CLARK, COURT L. FARRELL, Bruce P. Clark & Associates, St. John, Indiana.

ATTORNEY FOR APPELLEE: THERESA M. RINGLE, Ringle Law Group, LLP, Indianapolis, Indiana.

BARNES, Judge. ROBB, J., and BROWN, J., concur.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

BARNES, Judge.

Case Summary

Scotwood Industries, Inc., ("Scotwood") appeals the trial court's product liability judgment against it in favor of David Meats. We reverse.

Issues

Scotwood raises several issues but we address only one dispositive issue: whether there is sufficient evidence to support a judgment against Scotwood under the Indiana Product Liability Act ("IPLA").

Facts

In the fall of 2010, Meats applied a concrete sealing product manufactured by Valspar, Inc., ("Valspar") to the driveway of his home in Noblesville. The labeling on the product indicated that it could protect concrete from "salt, UV rays & chemicals." Ex. 2. In February 2011, a large ice storm hit the central Indiana area, leaving approximately two to four inches of solid ice on Meats's driveway. To try to remove the ice, Meats purchased a bag of Prestone Driveway Heat ("Heat"), ...


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