Legal Opinion

Pinnacle Computer Services, Inc. v. Ameritech Publishing, Inc.

Indiana Court of Appeals

Decided November 28, 1994No. 82A01-9407-CV-213PublishedCited by 34 opinions

1Opinion of the Court

OPINION

BAKER, Judge.

Today we re-examine whether the exculpatory provision in an advertising contract limiting the publisher's liability to an amount equal to the contract price or the sum of money actually paid for the advertising, is unconscionable. A panel of this court recently addressed this issue in Pigman v. Ameritech Publishing, Inc. (1994), Ind.App., 641 N.E.2d 1026. The Pigman decision joined a minority of jurisdictions in holding that the exculpatory clause is unconscionable and void as against public policy as a matter of law. Pigman, 641 N.E.2d at 1035. Appellant-plaintiff…

Also in this document: Concurrence.

2Cases cited43 opinions

  1. Weaver v. American Oil CompanyIndiana Supreme Court · 1971
  2. Georgia-Carolina Brick & Tile Co. v. BrownCourt of Appeals of Georgia · 1980
  3. Warner v. Southwestern Bell Telephone CompanySupreme Court of Missouri · 1968
  4. Atkin Wright & Miles v. Mountain States Telephone & Telegraph Co.Utah Supreme Court · 1985
  5. McClure Engineering Associates, Inc. v. Reuben H. Donnelley Corp.Illinois Supreme Court · 1983

38 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. DiMizio v. RomoIndiana Court of Appeals · 2001
  2. Sword v. SweetIdaho Supreme Court · 2004
  3. Trimble v. Ameritech Publishing, Inc.Indiana Supreme Court · 1998
  4. Indiana Department of Transportation v. Shelly & Sands, Inc.Indiana Court of Appeals · 2001
  5. Shumate v. LycanIndiana Court of Appeals · 1997

29 more not listed; retrieve them via the Exa API.

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