State Farm Insurance Companies v. Flynn

531 N.E.2d 527, 1988 Ind. App. LEXIS 1024, 1988 WL 133541
CourtIndiana Court of Appeals
DecidedDecember 15, 1988
Docket35A04-8804-CV-123
StatusPublished
Cited by8 cases

This text of 531 N.E.2d 527 (State Farm Insurance Companies v. Flynn) 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
State Farm Insurance Companies v. Flynn, 531 N.E.2d 527, 1988 Ind. App. LEXIS 1024, 1988 WL 133541 (Ind. Ct. App. 1988).

Opinions

[528]*528CONOVER, Presiding Judge.

Plaintiffs-Appellants State Farm Insurance Companies and Carriage Place Apartments appeal a negative judgment from the Huntington Small Claims Court in a fire damage case.

We affirm.

State Farm raises three issues. We rephrase them as:

1. whether Plaintiffs were denied a fair trial due to judicial bias, and

2. whether the judgment is contrary to the law and the evidence.

Defendants-Appellees Roger K. and Dawn D. Flynn (Flynns) rented an apartment from Carriage Place Apartments (Apartment). Roger turned the fire on under a pan of grease on the kitchen range. After Dawn called him away, the grease caught fire. Roger attempted to put the fire out with salt and a fire extinguisher, but the grease splattered onto the carpet, burning it. Roger said he finally smothered the fire with a comforter. He managed to carry the pan from the kitchen to the outside. (R. 31-33).

Asserting a claim in negligence, Apartment and its insurer, State Farm, (together State Farm) sued Flynns to recover damages of $1,108.20 plus costs. (R. 7). John Aaberg, a State Farm Claims Representative, Vern Purcifell, a Fireman, and Dennis Mick, the Huntington Fire Chief, testified for State Farm. The Flynns acted pro se. The Flynns’ witnesses presented narrative testimony about the events and called Gene Okuly, the property manager. From him Roger attempted to elicit testimony about Okuly’s rejection of Flynns’ offer to clean and repair the apartment.

After completion of the evidence, the court, by Mark A. McIntosh, Judge Pro Tern, directed the following entry:

COURT: Make the following entry. Comes now the Plaintiff in person and by counsel. Comes now the Defendants in person. Evidence heard. Evidence concluded. The Court now finds in favor of the Defendants and against the Plaintiff. Judgment.

(R. 46-47) and commented:

COURT: What is insurance for? What is insurance for? Why does that apartment complex carry insurance? Goodness gracious. People left a pan of grease on the stove accidentally and you are in here trying to make a claim. What do they pay premiums for? I abso-lutely_ Here are your papers. Think that ah, that’s what insurance is for. That’s why we pay people a lot of money in premiums not to come in here and when somebody, obviously carelessly, negligently. What’s it for, it’s an accident? My wife and I have left things on and we shouldn’t have and we just barely got it there in time. I absolutely can’t understand State Farm and when I see a couple State Farm agents. I am going to ask them if their insurance policies are this way? Now I don’t mean to get mad at you but you are the State Farm agent. All right. Go. Who’s next?

(R. 47-48). The court denied State Farm’s motion to correct error. It said State Farm failed to prove negligence. (R. 9).

State Farm appeals

As we frequently note:

A negative judgment may be challenged on appeal only as being contrary to law. E.g. Pepinsky v. Monroe County Council (1984), Ind., 461 N.E.2d 128, 135; Matter of Estate of Parlock (1985), Ind.App., 486 N.E.2d 567, 568. A decision is contrary to law only where the evidence and all reasonable inferences therefrom leads to one conclusion and the trial court has reached a different one. E.g. Pepinsky, 461 N.E.2d at 135; Bays v. Bays (1986), Ind.App., 489 N.E.2d 555, 560; Parlock, 486 N.E.2d at 569. We neither reweigh the evidence nor judge the credibility of witnesses. E.g. Maddox v. Wright (1986), Ind.App., 489 N.E.2d 133, 134; Parlock, 486 N.E.2d at 569. Where the party bearing the burden of proof receives a negative judgment we will not disturb it if there is any evidence or reasonable inferences arising therefrom which support the judgment. It is [529]*529the function of the trier of fact to resolve any conflicts in the evidence. E.g. Brand v. Monumental Life Ins. Co. (1981), 275 Ind. 308, 417 N.E.2d 297, 298.

Sherk v. Indiana Waste Systems, Inc. (1986), Ind.App., 495 N.E.2d 815, 817, reh. denied, trans. denied. On appeal we must affirm the judgment if it is sustainable on any legal theory. Naderman v. Smith (1987), Ind.App., 512 N.E.2d 425, 430.

I.

State Farm first contends it was denied a fair trial. It asserts the court’s comments are part of the judgment and opines the comments demonstrate prejudice, showing abuse of discretion. State Farm argues the court’s comments show the court found the Flynns acted negligently and thus, the court’s judgment is clearly against the logic and effect of the facts and circumstances before the court. Citing to Flynn v. Barker (1983), Ind.App., 450 N.E.2d 1008, State Farm argues the court’s judgment must be interpreted in the same manner as a contract. State Farm posits the language of the court’s comments constitute a finding of negligence, and thus, cannot be read as consistent with judgment in favor of Flynns. It claims the court misunderstood the law of subrogation, then states the trial court’s conclusion is clearly against the logic and effect of all the facts and reasonable inferences arising from them. Thus, it says, the trial court abused its discretion, citing Eyler v. Eyler (1986), Ind., 492 N.E.2d 1071 and Boles v. Weidner (1983), Ind., 449 N.E.2d 288. State Farm also speculates the actual reason for the judgment is judicial prejudice against insurance companies. (Appellant’s Brief, 7-9).

The Flynns assert, without citation to authority, the court’s comment was an “elaboration ... in the nature of a side bar and did not constitute any finding of the court.” (Appellee’s Brief, 3). They do not address State Farm’s claim of prejudice denying fair trial, nor does the Flynns’ brief address the issues presented.

The court’s post-judgment comments are not findings and are not part of the judgment. Under Ind.Rules of Procedure, Small Claims 11(A), judgment is entered upon the court’s docket. The comments were not entered on the docket. (R. 9). Findings were not requested by either party. Under the Small Claims Rules findings were not required. Those rules govern, not the trial rules. Herrera v. Collection Services, Inc. (1982), Ind.App., 441 N.E.2d 981, 984. Unlike Trial Rule 52(A), Small Claims Rule 11(A) makes no provision for entry of findings sua sponte. Here, the docket entry simply says:

March 23, 1988
Plaintiff, State Farm Ins./Carriage Place Apartments., appears by counsel.

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State Farm Insurance Companies v. Flynn
531 N.E.2d 527 (Indiana Court of Appeals, 1988)

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Bluebook (online)
531 N.E.2d 527, 1988 Ind. App. LEXIS 1024, 1988 WL 133541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-insurance-companies-v-flynn-indctapp-1988.