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Monday, November 30, 2009

Ind. Decisions - Supreme Court decides one today

In Clay City Consolidated School Corp. v. Ronna Timberman and John Pipes, II, a 13-page, 5-0 opinion, Justice Sullivan writes

Following the death of 13-year-old Kodi Pipes at basketball practice for his school's team, his parents brought a child wrongful death action against the school corporation. This case requires us to determine whether Indiana law recognizes a rebuttable presumption that children between the ages of seven and 14 are incapable of contributory negligence. We hold that Indiana does recognize the presumption. As such, we affirm the jury verdict for the plaintiffs.

Posted by Marcia Oddi on November 30, 2009 02:32 PM
Posted to Ind. Sup.Ct. Decisions