Legal Opinion

Dutchmen Manufacturing, Inc. v. Reynolds

Indiana Supreme Court

Decided June 22, 2006No. 20S05-0506-CV-292PublishedCited by 17 opinions

1Opinion of the Court

On Petition To Transfer from the Indiana Court of Appeals, No. 20A05-0404-CV-202

BOEHM, Justice.

We hold that tort liability of a tenant who leaves a dangerous item on the leased premises at the expiration of a lease is not extinguished by reason of the expiration of the lease. We also hold that a provision in a lease to a successor tenant that the item is acquired “as is” does not of itself bar a tort claim asserted by a non-contracting party.

Facts and Procedural History

Dutchmen Manufacturing, Inc., is a manufacturer of recreational vehicle travel trailers and fifth wheels. From April 1992…

2Cases cited27 opinions

  1. Enserch Corp. v. ParkerTexas Supreme Court · 1990
  2. Rhodes v. WrightIndiana Supreme Court · 2004
  3. General Telephone Co. of Southeast v. TrimmSupreme Court of Georgia · 1984
  4. Carie v. PSI Energy, Inc.Indiana Supreme Court · 1999
  5. Stapinski v. Walsh Const. Co., Inc.Indiana Supreme Court · 1979

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3Cited by17 opinions

  1. Brian Yost v. Wabash College, Phi Kappa Psi Fraternity- Indiana Gamma Chapter at Wabash College, Phi Kappa Psi Fraternity, Inc., and Nathan CravensIndiana Supreme Court · 2014
  2. Bailey v. Lewis Farm, Inc.Oregon Supreme Court · 2007
  3. Carson v. All Erection & Crane Rental Corp.Court of Appeals for the Second Circuit · 2016
  4. Dutchmen Manufacturing, Inc. v. ReynoldsIndiana Court of Appeals · 2008
  5. Lawson v. HaleIndiana Court of Appeals · 2009

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