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Monday, December 28, 2009
Ind. Decisions - Appeals Court tells Hammond tavern to pay up
The NFP Court of Appeals decision Dec. 22nd in the case of Flat Rock Tap, Inc., and Michael G. Repay v. Mererdo Villarreal (NFP) was the subject of a story last Wed. in the NWI Times. Dan Carden wrote:
A man who nearly lost a finger at a Hammond tavern is entitled to a $275,000 judgment, the Indiana Court of Appeals ruled Tuesday.Mererdo Villarreal was trying to leave Flat Rock Tap in Hammond at 2 a.m. March 18, 2007, when his finger was slammed in the door as owner Michael Repay was kicking out another patron.
Villarreal's finger required reconstructive surgery and nerve repair to avoid amputation.
Repay appealed the $275,000 judgment awarded to Villarreal in a Lake County civil trial, claiming the court should not have allowed Villarreal's brother, Lake County Detective Alfred Villarreal, to testify. Detective Villarreal assisted his brother at the hospital and repeatedly called Hammond police to have a report taken about the incident, court records show.
The appeals court ruled Detective Villarreal's testimony concerning the Hammond police was irrelevant, but that neither his testimony nor the police report substantially influenced the jury's decision, the court said.
The court also rejected Repay's claim that the $275,000 judgment was excessive.
Villarreal's medical bills totaled nearly $45,000, and his finger is still permanently damaged despite his surgery, court records state.
"Presented with this evidence, we cannot say that the jury's verdict was outside the scope of evidence or that it was motivated by passion or prejudice," Chief Judge John G. Baker wrote in the court's 3-0 decision.
Posted by Marcia Oddi on December 28, 2009 12:14 PM
Posted to Ind. App.Ct. Decisions