Legal Question in Civil Litigation in Indiana

Stunned by Judgement-appeal?

I own an Independant gas station and was sued in small claims court for 'bad diesel fuel'. The plaintiff had two receipts for fuel leading up to the date his truck went in for repairs plus the repair order showing repairs that were completed due to 'bad fuel'. (removed tank emptied and refilled and repl. fuel filter) and Techs stmt claiming he tested fuel with a fuel hydrometer and it showed ''some type of mixture.'' I showed I sold 7600 gal. of diesel during the 4 days between the fuel receipts with no other complaints. Small rural community, would have been bombarded if there were something wrong with my fuel. Had tank monitor readings showing 'no water'. Showed tech used a coolant hydrometer, not a fuel hydrometer to test fuel so test was not reliable. Showed plaintiff took truck in for a recall less than a month later to replace an Oxygen sensor and have the trucks computer reprogrammed which are items that could cause the symtoms that truck was having. Judge ruled for plaintiff stating perponderance of evidence. I felt my eveidence was much more convincing and was stunned when she delivered her verdict. Does she have to show the reasons for her findings? Can I appeal based on the fact that I think she erred in her judgment?

Asked on 5/16/09, 1:22 am

1 Answer from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Stunned by Judgement-appeal?

She does not have to outline her reasons for the decision. You can file an appeal within 30 days of the judgment.

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Answered on 5/16/09, 8:18 am

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