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.
MEMORANDUM DECISION - NOT FOR PUBLICATION
Scotwood Industries, Inc., ("Scotwood") appeals the
trial court's product liability judgment against it in favor of David Meats. We
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").
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"), ...