Legal Opinion
Molargik v. West Enterprises, Inc.
Indiana Court of Appeals
Decided January 19, 1993No. 57A05-9206-CV-00177PublishedCited by 12 opinions
1Opinion of the Court
SHARPNACK, Chief Judge.
Aloysius and Marilyn Molargik (“Molar-giks”) appeal from a judgment of $7,600.94 entered for West Enterprises, Inc. d/b/a Steve West Motors (“West”) on West’s nuisance claim against the Molargiks. We affirm.
The Molargiks raise two issues, which we restate as:
1. Did the Molargiks waive their contention that they were protected under I.C. § 34-l-52-4(f) by failing to affirmatively plead that statutory section as a defense?
2. Was the trial court’s finding that dirt from the Molargiks’ property caused 50% of West’s damages clearly erroneous?
West sells and services new and…
2Cases cited8 opinions
- FMC Corp. v. BrownIndiana Supreme Court · 1990
- FMC Corp. v. BrownIndiana Court of Appeals · 1988
- Donavan v. Ivy Knoll Apartments PartnershipIndiana Court of Appeals · 1989
- Rice v. Grant County Board of CommissionersIndiana Court of Appeals · 1984
- 2625 Building Corp. v. DeutschIndiana Court of Appeals · 1979
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- GKC Indiana Theatres, Inc. v. Elk Retail Investors, LLC.Indiana Court of Appeals · 2002
- Willis v. WesterfieldIndiana Supreme Court · 2006
- Paint Shuttle, Inc. v. Continental Casualty Co.Indiana Court of Appeals · 2000
- Hendrix v. PageIndiana Court of Appeals · 1993
- City of Gary Ex Rel. King v. Smith & Wesson Corp.Indiana Court of Appeals · 2002
7 more not listed; retrieve them via the Exa API.