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Monday, May 19, 2014

Ind. Decisions - Court of Appeals issues 1 today (and 6 NFP)

For publication opinions today (1):

In M.S.D. of Martinsville v. Rebecca Jackson, individually and as parent and legal guardian of C.J., a Minor, and Kelli Dearth, Individually and as parent and legal guardian of B.K., a Minor , a 34-page opinion, Judge Mathias writes:

After Martinsville West Middle School students C.J. and B.K. were injured during a school shooting by former student Michael Phelps (“Phelps”), C.J. and B.K. each filed lawsuits against the Metropolitan School District of Martinsville (“the School District”) alleging that the School District breached its duty to keep C.J. and B.K. safe. The School District filed a motion for summary judgment, which the trial court denied. The School District now appeals the denial of its motion for summary judgment and argues (1) that it is immune from liability pursuant to the Indiana Tort Claims Act, (2) that the School District did not breach its duty to C.J. and B.K., and (3) that C.J. was contributorily negligent. We affirm. * * *

For all of these reasons, we conclude that the trial court’s denial of the School District’s motion for summary judgment was proper. The School District has not met its 34 burden of showing that it is entitled to discretionary function immunity under the ITCA, since C.J. and B.K. challenge the implementation rather than formulation of the safety plan, and since the safety plan was not the result of the type of policy decision-making protected by the statute. Furthermore, there exist genuine issues of material fact as to whether the School District breached its duty to protect C.J. and B.K. and whether C.J. was contributorily negligent in a manner which proximately caused his injuries.

NFP civil opinions today (2):

In re the Marriage of: William Adamson v. Pamela Adamson (NFP)

Russell Lawless v. Leslie Lawless (NFP)Russell Lawless v. Leslie Lawless (NFP)

NFP criminal opinions today (54):

William Hodapp, Jr. v. State of Indiana (NFP)

Michael Mason v. State of Indiana (NFP)

Gary Sistrunk v. State of Indiana(1) (NFP)

Gary Sistrunk v. State of Indiana(2) (NFP)

Posted by Marcia Oddi on May 19, 2014 11:00 AM
Posted to Ind. App.Ct. Decisions