Klinker v. First Merchants Bank, N.A.
Annotate this CaseDefendant Harold Klinker managed and owned Trucks Unlimited (Trucks), a used-car dealership. Plaintiff First Merchants Bank (FMB) financed Trucks' vehicle inventory. After it was discovered that thirty-one vehicles for which FMB had loaned purchase money were not in Trucks' possession, FMB filed an eight-count complaint against Klinker, Trucks, and others (only Klinker appealed), alleging fraud, among other claims. FMB moved for summary judgment on seven counts, but by then only twenty-two vehicles were missing. The trial court nevertheless granted summary judgment to FMB on all seven counts and awarded treble damages and attorney's fees on the fraud claims under the Indiana Crime Victims' Compensation Act. The Supreme Court reversed the judgment on the fraud claims and treble-damages claims because there were genuine issues of material fact as to whether Defendant acted with the requisite criminal intent.
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