981 N.E.2d 554
Ind. Ct. App.2012Background
- Vance hired Rock Solid Concrete Inc. and Lozano for driveway work at his Fort Wayne home in 2009.
- Work was completed in July 2009; Vance warned about care standards for new concrete.
- By December 2010 Vance reported pitting and scaling; parties and Lozano consulted Erie Haven.
- Erie Haven (March 2011) concluded pitting due to indirect road-salt exposure; recommended washing/sealing.
- Rock Solid offered to power wash and reseal as a one-time accommodation (April 2011).
- Rock Solid later offered to replace the driveway at no charge (June 7, 2011); Rock Solid did not respond to tentative dates; Vance filed suit in September 2011; small-claims court ruled Rock Solid’s offer was a goodwill gesture, not an enforceable contract.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a settlement existed enforceable as consideration for a compromise | Vance | Rock Solid/Lozano | Yes, settlement enforceable; reversal of trial court. |
Key Cases Cited
- Georgos v. Jackson, 790 N.E.2d 448 (Ind. 2003) (settlement agreements favored; compromise constitutes contract)
- Berryhill v. Parkview Hosp., 962 N.E.2d 685 (Ind. Ct. App. 2012) (burden and standard of proof in small-claims appeals; de novo review of law, not fact)
- Bowman v. Kitchel, 644 N.E.2d 878 (Ind. 1995) (contextual standard for findings in small-claims bench trial)