Genuine issue on whether appellant agreed to forgo claims in exchange for payment of debt

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Appellant-Plaintiff Lynch and Son Construction, Inc. (“Lynch”) appeals the trial court’s grant of summary judgment to Appellee-Defendant Pace Auto Center, Inc., d/b/a Pace Chevrolet (“Pace”), in Lynch’s action for damages against Pace . . . arising out of Pace’s sale of a truck without proper disclosure to Lynch of “buy-back” status. Lynch sought the claimed value of the consideration, costs of the action, attorney fees, and exemplary damages in the amount of $100,164. Pace filed a motion for summary judgment which, following Lynch’s response and a hearing, the trial court granted.

Conclusion (slip op. at 9):  Having concluded that a genuine issue of material fact exists regarding whether Lynch agreed to forgo his claims against Pace in exchange for Pace’s payment of his debt to Citizens, and having rejected Pace’s arguments claiming summary judgment was appropriate on alternative grounds, we reverse the trial court’s grant of summary judgment on this case and remand for a trial.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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