Narrative Opinion Summary
In this appellate case, the appellants challenged the trial court's summary judgment in favor of Dyna Soar Aerobatics, Inc. regarding claims of gross negligence and products liability. The key legal issues on appeal involved the validity of a liability release signed by Marsh prior to his injury and the applicability of the Indiana Products Liability Act. The court partially affirmed and partially reversed the trial court's ruling. It found that the liability release was invalid, as it lacked explicit reference to Dyna Soar's negligence, following the precedent set in Powell. Additionally, the court ruled that Marsh preserved his right to appeal issues not included in the Motion to Correct Errors, as per Indiana Trial Rule 59. However, the court upheld the summary judgment on the products liability claim, determining that the transaction was service-based, and Dyna Soar did not qualify as a seller under the Indiana Products Liability Act. This decision was based on distinguishing previous case law, such as Ferguson and Hill. Consequently, the judgment against Marsh's products liability claim was affirmed, while the ruling on the negligence claim was reversed for further proceedings.
Legal Issues Addressed
Application of Indiana Trial Rule 59subscribe to see similar legal issues
Application: The court clarified that according to Indiana Trial Rule 59(A), a Motion to Correct Errors need only address specific issues like newly discovered evidence or claims of excessive verdicts prior to appeal.
Reasoning: Indiana Trial Rule 59(A) requires that a Motion to Correct Errors address only two specific issues prior to appeal: newly discovered evidence and claims of excessive or inadequate jury verdicts.
Exculpatory Agreements and Negligencesubscribe to see similar legal issues
Application: Indiana law requires exculpatory agreements to explicitly reference the negligence of the party seeking release to be valid, and the court found that the release did not meet this requirement.
Reasoning: Indiana law permits exculpatory agreements, provided they explicitly reference the negligence of the party seeking release. The release in this case fails to explicitly mention Dyna Soar's own negligence.
Preservation of Issues for Appealsubscribe to see similar legal issues
Application: The court ruled that Marsh did not waive his right to appeal issues not included in the Motion to Correct Errors, as other relevant issues were raised in that motion.
Reasoning: Additionally, the court ruled that Marsh did not waive his right to appeal by failing to include the release validity in the Motion to Correct Errors, as he had raised other relevant issues in that motion.
Products Liability under Indiana Products Liability Actsubscribe to see similar legal issues
Application: The court determined that Dyna Soar was not a seller of a product under the Indiana Products Liability Act, as the transaction was deemed a service-based interaction rather than a sale of a product.
Reasoning: In Marsh's situation, the transaction with Dyna Soar was deemed entirely service-based; purchasing a ticket granted him limited rights to ride the machine, without any ownership of property.
Retroactive Application of Judicial Decisionssubscribe to see similar legal issues
Application: The court rejected Dyna Soar's argument against the retroactive application of Powell, clarifying that Powell did not change Indiana common law regarding exculpatory clauses.
Reasoning: Dyna-Soar contends that the ruling in Powell should not apply retroactively... However, it is argued that Powell did not alter Indiana common law regarding exculpatory clauses.
Validity of Liability Releasesubscribe to see similar legal issues
Application: The court found that the exculpatory clause in the liability release signed by Marsh was insufficient as it did not explicitly reference Dyna Soar's own negligence.
Reasoning: The release in this case fails to explicitly mention Dyna Soar's own negligence, making it insufficient to absolve the company from liability for negligent actions.