Saturday, June 13, 2009
Ind. Courts - State's high court to hear Gary case on whether districts must clear ice, snow when school's out
The Gary Post-Tribune reports that Tuesday the Supreme Court will hear oral arguments in the case of Gary Cmty. Sch. Corp. v. Lolita Roach-Walker:
to consider whether school districts must inspect and clear their sidewalks of snow and ice even when school is not in session.See also this ILB entry from June 8th.
The plaintiff in the case, Lolita Roach-Walker, fell on a sidewalk at Bailly Middle School on Saturday, Feb. 5, 2005, while attending an event held by the Gary Historical and Cultural Society for her foster children.
Roach-Walker suffered injuries to her knee, wrists and back.
Attorneys for the school district argued she fell due to her own negligence.
A jury found Gary Community School Corp. liable after the trial judge refused to apply statutory immunity to the school district. The jury awarded the plaintiff $90,000, and the school district filed this appeal.
The Gary Community School Corp. contends Indiana Code protects schools from liability for a "temporary condition of a public thoroughfare ... that results from weather."
Posted by Marcia Oddi on June 13, 2009 11:03 AM
Posted to Upcoming Oral Arguments