McKeighen v. Daviess County Fair Board

918 N.E.2d 717, 2009 Ind. App. LEXIS 2840, 2009 WL 5149285
CourtIndiana Court of Appeals
DecidedDecember 30, 2009
DocketNo. 14A04-0906-CV-349
StatusPublished
Cited by21 cases

This text of 918 N.E.2d 717 (McKeighen v. Daviess County Fair Board) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McKeighen v. Daviess County Fair Board, 918 N.E.2d 717, 2009 Ind. App. LEXIS 2840, 2009 WL 5149285 (Ind. Ct. App. 2009).

Opinion

OPINION

FRIEDLANDER, Judge.

Mark McKeighen appeals a judgment in favor of the Daviess County Fair Board and Rob Webster (hereinafter collectively referred to as the Fair Board) in McKeighen's small claims action against the Fair Board stemming from his disqualification from the Daviess County Demolition Derby. McKeighen presents the following restated issues for review:

1. Did the Fair Board breach its contract with McKeighen?
2. Did the trial court err in refusing McKeighen's request for findings and conclusions?
4. Was the Fair Board guilty of conversion for failing to award McKeighen first-place prize money?
4. Did the Fair McKeighen? Board defame

We affirm.

The facts favorable to the judgment are that the Daviess County Fair Board sponsored a demolition derby to be held on August 13, 2008 and published an invitation to enter. MceKeighen had earlier purchased a car, which he claimed was a 1973 Chrysler, for use in demolition derbies and decided to enter the Daviess County Demolition Derby (the Derby) with that ear. Although Daviess County had held demolition derbies before, this would be McKeighen's first. The Fair Board sent a set of the rules to McKeighen. We will discuss one of the rules in greater detail below.

When McKeighen arrived at the fair grounds on the day of the Derby, he unloaded his car from its trailer and two officials inspected the car. They instructed McKeighen "to cut some items off of [his] vehicle", and he did so. Appellant's Appendix at 9. Upon re-inspection approximately fifteen minutes later, the inspectors declared his vehicle legal and "said [he] was good to go." Id. The Derby consisted of two heats with three or four cars participating in each heat. McKeighen won the first heat, after which his car was re-inspected and passed into the final heat. McKeighen's car was the last one running in his class after the final heat.

Very shortly after the final heat was over, Beau Gray, a timer, suggested that McKeighen's car may be a Chrysler Imperial. The rules that had been provided to McKeighen and all participants specified that certain vehicles were ineligible to compete. A Chrysler Imperial was one such car. Imperials are banned because they have a different, much stronger [720]*720framework than other cars, which makes them more durable and thus poses a danger to other drivers in the competition. McKeighen had read and understood that rule. Post-heat inspections typically are focused on searching for forbidden modifications made to the car. In light of the nature of Gray's complaint, however, Webster, who was the head official at the Da-viess County Fair, inspected the vehicle to determine the type of car McKeighen was driving. Because demolition derby cars are highly modified, it is sometimes not a straightforward task to determine their make and model. Webster first removed tape covering the middle of McKeighen's steering wheel and found a Chrysler Le-baron emblem underneath. A Lebaron is an Imperial. Webster decided that the most reliable way to determine what kind of car McKeighen used was to check its vehicle identification number (VIN). To that end, Webster removed the VIN plate from the dashboard of the car and gave it to a police officer, who ran a search on the VIN. It showed that the car was an Imperial. Nevertheless, McKeighen maintained that his car was not an Imperial. Within ten minutes after the Derby was over, and following this post-Derby inspection, McKeighen was disqualified for driving an Imperial and the second-place car was declared the winner and awarded the $1500 first-prize money.

This action was commenced in the Da-viess Superior Court, Small Claims Division on January 5, 2009, when McKeighen filed his Notice of Claim. A trial was conducted on March 30, 2009. The Court, after taking the matter under advisement, asked the parties to submit briefs. On April 24, 2009, the court entered judgment against McKeighen.

Because this case was tried before the bench in small claims court, we review for clear error. Lowery v. Housing Auth. of City of Terre Houte, 826 N.E.2d 685 (Ind.Ct.App.2005). We will affirm a judgment in favor of a party having the burden of proof if the evidence was such that a reasonable trier of fact could conclude that the elements of the claim were established by a preponderance of the evidence. Id. We presume that the trial court correctly applied the law and give due regard to the trial court's opportunity to judge the eredi-bility of the witnesses. Id. We will not reweigh the evidence, and we will only consider the evidence and reasonable inferences therefrom that support the trial court's judgment. Id. 1.

McKeighen contends the Fair Board breached its contract with him. The substance of McKeighen's contract argument is reflected in the following:

McKeighen was allowed to participate in the heat and final, he expended gasoline, exposed his car and himself to the impacts and damages of collisions with other motor vehicles used by other drivers as guided projectiles, performed for and entertained the spectators whom [sic] paid money to the Board to see the event. At no time prior to winning the final event was McKeighen notified that he might be disqualified or asked to provide proof of the model of his vehicle. McKeighen could only believe that by being given the flag to participate, being inspected several times, allowed to enter the final heat, that if he was the last car running he would receive the benefit of his bargain and his performance, the prize money.

Appellant's Brief at 7. The Fair Board counters that McKeighen breached the terms of the contract by using a forbidden vehicle.

The construction of a contract and an action for its breach are matters of judicial determination. Fratus, et al. v. [721]*721Marion Cmty. Sch. Bd. of Trustees, 749 N.E.2d 40 (Ind.2001). The elements of a breach of contract action are the existence of a contract, the defendant's breach thereof, and damages. Gatto v. St. Richard Sch., Inc., et al., 774 N.E.2d 914 (Ind.Ct.App.2002). When construing a contract, unambiguous contractual language is con-elusive upon the parties and the courts. S.C. Nestel, Inc. v. Future Constr., Inc., 836 N.E.2d 445 (Ind.Ct.App.2005). If an instrument's language is unambiguous, the parties' intent is determined from the four corners of the instrument. Id.

McKeighen acknowledges that the rules provided to him in advance of the Derby clearly specified that Imperials were not permitted in the event, and that he understood this restriction. With these acknowledgments in mind, McKeighen's contract argument may be winnowed to two assertions: (1) the vehicle he used in the Derby was not, in fact, an Imperial; thus he did not breach the contract terms; or, in the alternative, (2) regardless of whether his vehicle was an Imperial, by giving him the flag to compete in the final heat and allowing him to participate in that round, the Fair Board effectively waived the no-Imperial restriction and could not thereafter enforee that restriction.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

MercAsia USA, LTD v. Zhu
N.D. Indiana, 2020
Priority Press, Inc. v. Media Methodology
Indiana Court of Appeals, 2013
Nathan Abernathy v. Larry Bertram and Keith Broyles
967 N.E.2d 510 (Indiana Court of Appeals, 2012)
Bonecutter v. Discover Bank
953 N.E.2d 1165 (Indiana Court of Appeals, 2011)
Hawa v. Moore
947 N.E.2d 421 (Indiana Court of Appeals, 2011)
MERIDIAN FINANCIAL ADVISORS, LTD. v. Pence
763 F. Supp. 2d 1046 (S.D. Indiana, 2011)
Wolverine Mutual Insurance Co. v. Oliver
933 N.E.2d 568 (Indiana Court of Appeals, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
918 N.E.2d 717, 2009 Ind. App. LEXIS 2840, 2009 WL 5149285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckeighen-v-daviess-county-fair-board-indctapp-2009.