ATTORNEYS FOR APPELLANT: ATTORNEYS FOR APPELLEE:
JOHN R. BURNS III CATHLEEN M. SHRADER
ROBERT D. MORELAND THOMAS A. HERR
LAURA C. O'DONNELL Barrett & McNagny
Baker & Daniels Fort Wayne, Indiana
Fort Wayne, Indiana
COURT OF APPEALS OF INDIANA
KAGHANN'S KORNER, INC., )
vs. ) No. 17A03-9802-CV-79
BROWN & SONS FUEL COMPANY, INC., )
APPEAL FROM THE DEKALB CIRCUIT COURT
The Honorable Paul R. Cherry, Judge
Cause No. 17C01-9507-CP-56
April 26, 1999
OPINION ON REHEARING - FOR PUBLICATION
Defendant-Appellant Kaghann's Korner, Inc. (Kaghann's Korner) has petitioned for rehearing
of our decision in Kaghann's Korner v. Brown & Sons Fuel Co., 706 N.E.2d 556 (Ind. Ct. App.
1999). We grant Kaghann's Korner's petition for clarification on one issue, and in all other respects
we affirm our earlier decision.
Kaghann's Korner requests that we clarify our earlier decision by remanding the case to the
trial court with instructions to determine the reasonable attorney's fees owed to Kaghann's Korner
under the Underground Storage Tank Act ("USTA"). In our decision, we reversed the Dekalb
Circuit Court, finding that Brown & Sons Fuel Company (Brown) was an operator of the
underground storage tank ("UST") located at Kaghann's Korner at the time of the fuel overfill.
Therefore, we found that Brown was liable for the fuel release at the UST at Kaghann's Korner.
Kaghann's Korner requests that we now clarify our decision in order to instruct the trial court
to determine reasonable attorney's fees owed to it by Brown pursuant to the USTA. Pursuant to the
USTA, "A person who brings a successful action to receive a contribution from an owner or operator
is also entitled to receive reasonable attorney's fees and court costs from the owner or operator." Ind.
Code § 13-23-13-8(b)(2). Therefore, we grant Kaghann's Korner petition for clarification and
modify our decision by remanding this case to the Dekalb Circuit Court to determine the sole issue
of reasonable attorney's fees and court costs that Brown must pay to Kaghann's Korner for its
liability under the USTA.
STATON, J., and BROOK, J., concur.
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