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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.

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."

See also this ILB entry from June 8th.

Posted by Marcia Oddi on June 13, 2009 11:03 AM
Posted to Upcoming Oral Arguments