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Friday, February 27, 2009

Ind. Decisions - "Justices weigh judge’s handling of $440,000 suit"

Yesterday's oral argument before the Supreme Court in the case of Rudrappa Gunashekar v. Kay Grose is the subject of a story today in the Fort Wayne Journal Gazette by Niki Kelly, headed "Justices weigh judge’s handling of $440,000 suit." The long and complex story begins:

NDIANAPOLIS – The Indiana Supreme Court struggled Thursday with whether an Allen Superior Court judge violated the rights of a couple in a civil case by denying a motion to continue the trial after their attorney withdrew.

The five justices heard oral arguments in a case in which Kay Grose sued Rudrappa Gunashekar and his wife, Jayashree Gunashekar, accusing them of stealing $130,196 from her company.

According to court documents, the lawsuit grew out of a 2002 fire at a commercial building owned by the Gunashekars. Rudrappa Gunashekar hired Grose and her company, America’s Affordable Housing, to repair the property.

In September 2002, an insurance company issued a check for $130,196, payable to Rudrappa Gunashekar and Grose. Gunashekar deposited the entire check in a bank account and made a partial payment to Grose. The check Grose was given was not honored.

Allen Superior Court Judge Nancy Eschoff Boyer found in favor of Grose in a 2007 bench trial – awarding $147,337 in payment and $296,520 in other damages.

Attorneys on Thursday laid out the timeline, which is crucial in the case.

Here is the Court of Appeals opinion from Aug. 12, 2008. Here is a link to access yesterday's oral argument.

Posted by Marcia Oddi on February 27, 2009 07:49 AM
Posted to Ind. Sup.Ct. Decisions