Vaughn v. DANIELS COMPANY (WEST VIRGINIA) INC., 14A01-0111-CV-408.

Decision Date10 February 2003
Docket NumberNo. 14A01-0111-CV-408.,14A01-0111-CV-408.
PartiesStephen L. and Melinda VAUGHN, Appellants-Plaintiffs, v. DANIELS COMPANY (WEST VIRGINIA) INC., and Solar Sources, Inc., Appellees-Defendants.
CourtIndiana Appellate Court

J. Kevin King, Cline King & King, P.C., Columbus, IN, Attorney for Appellants.

Jeffrey W. Ahlers, Todd C. Barsumian, Kahn Dees, Donovan & Kahn, Evansville, IN, Attorneys for Appellee, Daniels Company (West Virginia), Inc.

R. Steven Johnson, Sacopulos Johnson & Sacopulos, Terre Haute, IN, Attorney for Appellee, Solar Sources, Inc.

OPINION ON REHEARING

BARNES, Judge.

We have granted rehearing in Vaughn v. Daniels, 777 N.E.2d 1110 (Ind.Ct.App. 2002), for the limited purpose of clarifying Chief Judge Brook's dissent, in which he disagreed with "the majority's conclusion that Vaughn may proceed against [Daniels Company (West Virginia), Inc. and Solar Sources, Inc.] under the Indiana Products Liability Act." Id. at 1139-40; see also id. at 1141 ("I would hold on that ground that Vaughn cannot maintain an action against Solar or Daniels under the Act and would therefore affirm the trial court's judgment in all respects."). Given that Vaughn did not maintain an action against Solar under the Act, any mention in Chief Judge Brook's dissent of Solar's liability under the Act should be disregarded.

BROOK, C.J., and VAIDIK, J., concur.

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5 cases
  • Coffman v. PSI Energy, Inc.
    • United States
    • Indiana Appellate Court
    • September 30, 2004
    ...exceptions apply to the facts presented. Vaughn v. Daniels Co., 777 N.E.2d 1110, 1133 (Ind.Ct.App.2002),clarified on reh'g, 782 N.E.2d 1062 (Ind.Ct.App.2003). The exceptions are: (1) where the contract requires the performance of intrinsically dangerous work; (2) where the principal is by l......
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    ...See also Vaughn v. Daniels Co. (West Virginia), Inc., 777 N.E.2d 1110, 1128 (Ind.Ct.App.2002), decision clar'd on reh'g 782 N.E.2d 1062 (Ind.Ct.App.2003) (stating statutory Accordingly, under the IPLA, the plaintiff must prove that the product was in a defective condition that rendered it u......
  • Kelly v. Levandoski
    • United States
    • Indiana Appellate Court
    • April 18, 2005
    ...(Ind.Ct. App.2002) (internal quotations and citations omitted), transfer pending, clarified on reh'g on unrelated matter 782 N.E.2d 1062 (Ind.Ct.App.2003). The first three topics about which Kelly wished Braje to testify were: (1) the elements of a contract; (2) case law regarding contracts......
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