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Saturday, August 02, 2008
Ind. Decisions - "Appellate court reverses ruling on school shooting"
The Court of Appeals opinion July 28th in the case of Gary Community School Corp. v. Neal Boyd III and Theresa Stanback (see ILB entry here, 5th case) is the subject of a story today in the Gary Post Tribune by Sharlonda Waterhouse. Some quotes:
The Indiana Court of Appeals reversed a decision against the Gary Community School Corp. this week, calling for a new trial in the case of the family of Neal Boyd, who sued after he was shot and killed at Lew Wallace High School.A jury had awarded damages $2,162,675 to the family.
In 2001, Boyd, 16, was shot on the steps of Lew Wallace. After a 2006 mistrial, the Boyd family won a complaint in 2007 in Lake County Superior Court, after alleging the school district was negligent in providing reasonable safety.
Gary attorney Tracy Coleman sought an appeal on behalf of the school district arguing that the district should have been immune from responsibility and that the trial court should not have admitted evidence of past violence at Lew Wallace.
Appellate Judge James S. Kirsch agreed to the latter argument but not immunity in siding with Coleman. * * *
In his written decision, Judge Kirsch said evidence of past violence at Lew Wallace was often too many years prior to Boyd's death or involved different circumstances -- such as students getting hit by stray bullets. The judge ruled such evidence created prejudice against the school district.
"The trial court therefore abused its discretion and the admission of the evidence of prior violence was a reversible error," the judge wrote.
Posted by Marcia Oddi on August 2, 2008 09:22 AM
Posted to Ind. App.Ct. Decisions