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Carr v. Hoosier Photo Supplies, Inc.

Indiana Supreme Court
441 N.E.2d 450 (1982)


Facts

John Carr (plaintiff) bought rolls of film manufactured by Eastman Kodak Company (defendant). The film’s box contained a notice limiting Kodak’s liability to replacement of any defective or lost film. Carr went on vacation and took pictures using 18 rolls of Kodak film. After the vacation, Carr dropped off the rolls with Hoosier Photo Supplies, Inc. (defendant) for developing. Hoosier then sent the film to Kodak to be developed. Hoosier gave Carr a receipt for each of the rolls, and each receipt had a liability notice similar to that on the film boxes. Only 14 rolls of film were returned to Carr. Carr sued Kodak and Hoosier for the four missing rolls, seeking $10,000 in damages. Carr stipulated that although he did not read the notices, he was a lawyer and an amateur photographer and as a result was generally aware of the limitations on liability. Kodak and Hoosier stipulated that one of them lost the four rolls. The trial court awarded Carr $1,013.60 in damages. Both parties appealed. The court of appeals affirmed. The defendants appealed.

Rule of Law

Issue

Holding and Reasoning (Givan, C.J.)

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