MOUNT VERNON – In ten years when Fifth District appellate court candidates Michael McHaney and Barry Vaughan presided as circuit judges, the appellate court reversed McHaney 12 times and Vaughan three times in civil court litigation.
In 2011, in a Shelby County case, they found McHaney improperly dismissed Shelby Memorial Hospital from a wrongful death suit.
McHaney ruled that the estate of Dona Ogilvie waited too long to file a physician’s certificate confirming the merit of the claim.
Appellate judges found McHaney didn’t base his decision on bad faith or on intent to frustrate or prejudice defendants.
In a Franklin County case, they found Vaughan improperly limited a claim against Rend Lake Conservancy District.
The city of Sesser sued the district for $201,783, claiming a deficient meter caused the city to pay for more water than it used.
The district sued Sesser for a $32,991 bill in the minor law division, where claims can’t exceed $50,000.
Sesser moved to consolidate the cases and Vaughan denied it.
Sesser filed a counter claim in the minor law case seeking $201,783, and the district moved to dismiss it as a duplicate.
Sesser dismissed the meter suit and moved to take its counter claim off the minor law docket.
Vaughan denied it but appellate judges directed him to grant it.
Justice Thomas Welch wrote, “Neither common sense, public policy, judicial economy, nor fairness and justice would allow such a result.”
In 2012, in a Marion County case, appellate judges found McHaney improperly granted judgment against a contractor at Salem’s wastewater plant.
City employee Robert Carter sued Plocher Construction, claiming he fell into a hole.
Plocher moved for summary judgment, claiming the hole was open and obvious.
McHaney agreed but appellate judges found Plocher couldn’t qualify for an exception from duty if it didn’t possess the premises.
They found the plant remained operational with city employees working there, and they found questions of fact as to whether Plocher breached a duty or the hole caused Carter’s injuries or his negligence contributed to them.
In a Marion County suit over grain transactions, they found McHaney improperly entered summary judgment for Irvington Elevator.
Farmer Bob Heser and sons Bobby and Andy claimed Irvington breached contracts and bought grain from others when prices spiked in 2008.
Irvington had bought the family’s grain for years through transactions that a cousin of the Hesers executed for the elevator.
The Hesers claimed they lost hundreds of thousands and the Irvington’s profits increased by a million.
Irvington claimed confirmation letters weren’t timely and McHaney agreed.
Appellate judges found he completely ignored a history of dealing that included honoring oral contracts though confirmations were months late.
In 2013, in a Hamilton County case, they found Vaughan improperly rejected a change of beneficiaries on certificates of Fairfield National Bank.
Malinda Munsell owned two certificates showing granddaughters Abigail and Cordelia Chansler each as beneficiary for one.
Near death, Malinda told the bank she wanted to make daughter Belinda Munsell her beneficiary on both certificates.
The bank sent documents that Malinda completed and sent back.
The bank processed the changes a day after Malinda died.
Belinda’s former husband Jeff Chansler called the bank and said Abigail and Cordelia were rightful beneficiaries.
The bank sued both sides as an interpleader for determination of rights, and Vaughan ruled in favor of Abigail and Cordelia.
Appellate judges found the bank had authority to accept Malinda’s instruments.
In a Hamilton County case, appellate judges found Vaughan improperly transferred royalties from an oil lease.
Rose Newbold, owner of a 24th interest in a lease, arranged to divide her estate between grandsons Trent and Grier Gulley.
After she died, the county assessed taxes on her lease and received no payment.
The county sold her interest to William and Vickie Groome at auction for $492.
After a redemption period they petitioned for a tax deed and Vaughan granted it.
Leaseholder Countrymark notified the grandsons, who demanded transfer from the Groomes and didn’t get it.
Countrymark impounded $25,141 and sued for direction on paying it.
Vaughan voided the tax deed, finding the Groomes committed fraud.
Appellate judges found no evidence of duplicity.
Justice Chapman wrote, “Even when the purchaser’s efforts to locate the actual owner were somewhat less than diligent, courts hesitate to conclude that this failing amounted to fraud.”
In a Marion County case, appellate judges found McHaney improperly granted judgment against a claim that a Centralia sidewalk caused injuries.
McHaney adopted the city’s position that it owed no duty to plaintiff Virginia Bruns because a raised section of the sidewalk was open and obvious.
Appellate judges found the accident might have been foreseeable and the question of duty should be left for a jury.
The Supreme Court vindicated McHaney by reversing the appellate court.
In 2014, in a Marion County case, appellate judges rejected McHaney’s appraisal of a home on Centralia’s municipal lake.
Owner Roger Campbell, overdue for reassessment, saw his fair market value jump from $103,530 to $333,600.
He claimed his appraiser set it at $270,000, so the county offered to use that figure.
Campbell sued instead, claiming the assessor should reduce the value because he leased the land from the city.
His appraiser valued it at $170,140 and McHaney adopted his valuation.
Appellate judges directed him to adopt the county’s $270,000 offer.
In 2019, in a Clay County case, they found McHaney granted adverse possession of three acres without resolving contradictory facts.
Plaintiff James Keck sued Carder family members to quiet title and confirm an easement for ingress and egress.
McHaney found Keck’s affidavits established ownership.
Appellate judges found the Carders filed two counter affidavits that would require a credibility determination.
In 2019, in a Marion County case, they found McHaney improperly dismissed a suit over control of Bear’s Liquor in Centralia.
Half owners Jason Rowell and Travis Etheridge constituted a corporate board of directors until Rowell demanded that Etheridge resign.
Etheridge agreed and called a meeting where he nominated mother Robbyin Etheridge to replace him.
Rowell voted no, convened a meeting by himself, and appointed Barbara Rowell.
He convened another meeting where he and Barbara voted to sue Etheridge, and they filed a complaint alleging breach of fiduciary duty and conversion.
Etheridge claimed they couldn’t sue him because Jason didn’t have a quorum when he appointed Barbara.
McHaney agreed and found the board acted beyond powers of the corporation.
Appellate judges found the board filled the vacancy legally.
They found that after Etheridge resigned, a majority equaled one director.
In a Marion County case, they found McHaney improperly cleared State Farm of coverage for a collision that killed Blake Miller.
He died as passenger in a vehicle without insurance.
His estate claimed policies of former stepmother Winnie Robertson covered him as a resident relative.
McHaney granted summary judgment to State Farm but appellate judges found genuine issues of material fact rendered his decision inappropriate.
In 2020, in a Marion County case, they found McHaney improperly cleared driver Marla Meyer of liability for a collision that killed Matthew Lindsey at age 8.
Meyer claimed Matthew darted from the side of a road, and McHaney entered summary judgment for her.
Appellate judges found questions as to whether she was speeding or engaging in distracted driving and whether her actions proximately caused the collision.
In a Marion County case, they found McHaney improperly entered judgment for St. Mary’s Hospital in a wrongful death suit.
Before the estate of Billy Kash filed the suit, widow Phyllis Kash and four children settled a dispute over Billy’s farm.
Phyllis paid each child $50,000 in return for releases.
After the estate sued, St. Mary’s claimed the family agreement released the interests of the children in the wrongful death claims.
McHaney agreed but appellate judges found no terms in the agreement that operated to release wrongful death claims.
Justice Boie wrote, “We will not read a release into a contract where one is not expressly provided.”
Appellate judges reversed McHaney twice in a Fayette County suit that Benjamin Emerick filed against James Marlen.
Emerick claimed Marlen breached an oral agreement to lease land for farming.
As an alternative he alleged unjust enrichment because he spent $121,183 for fall tillage and fertilizer application on land he expected to farm.
McHaney held bench trial, resolved credibility in Emerick’s favor on breach of contract, and awarded him $264,830 in lost profits.
In 2017, appellate judges found he should have dismissed the contract claim.
They directed him to address unjust enrichment on remand.
McHaney found Marlen owed Emerick nothing.
Appellate judges found Marlen received a $121,183 benefit from Emerick’s work under circumstances making it unjust for Marlen not to pay restitution.
McHaney and Vaughn seek the Republican nomination in the June 28 primary.