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Lewis v. Alfa Laval Separation

6/4/1998

inding that appellant cooperated in the extensive discovery proceedings in this action, rationally evaluated its risks and potential liability, did not attempt to unnecessarily delay the proceedings, and participated in settlement negotiations in good faith. We note that this action involved thousands of pages of documents and over thirty depositions. We further note that appellant settled its action against South Point Ethanol just one week prior trial. Last, we note that less than two weeks before trial appellant received documents from South Point Ethanol, which documents appellant alleges "clearly showed that the accident in this case resulted from the presence of a foreign object left inside the cover of the centrifuge by South Point Ethanol employees." The existence of these documents arguably gave appellant an excuse for not attempting further settlement negotiations prior to trial. Kalain, supra.


Accordingly, based upon the foregoing reasons, we overrule appellee's second assignment of error.


Judgment affirmed.


KLINE, J., concurs.


HARSHA, J., concurs in Assignments of Error Nos. I, II, and IV and Cross-Assignments of Error Nos. I and II, and concurs in judgment only as to Assignment of Error No. III.







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