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Monday, December 08, 2014

Ind. Decisions - "Supreme Court OKs trial on school liability for shooting injuries"

Among the cases denied transfer on the Supreme Court's list of Transfer Actions, issued Dec. 5, but posted today (see this morning's ILB entry here) was M.S.D. of Martinsville v. Rebecca Jackson. That means the May 19th opinion of the Court of Appeals stands.

Dan Carden of the NWI Times reports this afternoon in a story that begins:

The Indiana Supreme Court has given the go-ahead for a trial to determine whether a school corporation is liable for student injuries suffered in a school shooting.

The high court announced Monday it decided, 4-1, against reviewing a May 19 Court of Appeals ruling that found the Metropolitan School District of Martinsville is not entitled to immunity under Indiana's Tort Claims Act.

The appeals court said implementation of the principal's school safety plan does not fall under the protections of that law, and only a trial can assess whether the school failed in its duty to protect the students because school officials had numerous warnings and might reasonably have expected the shooting to occur.

Chief Justice Loretta Rush was the sole jurist voting to hear the school district's appeal. Three of the five justices must agree to grant transfer for a Court of Appeals decision to be reviewed by the Supreme Court.

Posted by Marcia Oddi on December 8, 2014 01:50 PM
Posted to Indiana Transfer Lists