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Friday, December 04, 2009
Ind. Decisions - "State Supreme Court upholds a December 2007 wrongful death verdict against Clay Community School Corporation"
The Indiana Supreme Court decision Nov. 30th in the case of Clay City Consolidated School Corp. v. Ronna Timberman and John Pipes, II (ILB summary here), where the Court affirmed the jury verdict for the plaintiffs, is the subject of a story by Ivy Jacobs in the Brazil Times. From the story:
It took three hours for jury members to award a $425,000 judgment in favor of Kodi Braden Pipes' parents, who collapsed while shooting free throws during an eighth-grade basketball practice at Clay City Jr.-Sr. High School Nov. 19, 2003.Although CPR was administered immediately, Pipes was pronounced dead after being transported to the emergency room of St. Vincent Clay Hospital.
Autopsy reports determined Pipes died of post-myocarditis with myocardopathy.
Pipes had blacked out two days prior to the incident. While under doctor's care, Pipes' mother informed the coach he could "walk through plays, but he was not to participate in "running or strenuous activity."
Although Pipes attended school two days without incident and was not officially cleared by a doctor, Pipes participated in a running drill at the practice.
Pipes' parents -- mother Ronna Timberman and father John Pipes II -- filed the wrongful death case against the CCSC in August 2006.
A core issue at the center of the trial -- and part of the appeal process filed by the school corporation -- was whether school officials made sure Pipes had medical clearance before returning to practice and who was responsible for the boy's death.
Although "contributory negligence" has been considered an absolute defense available to governmental entities, including public schools, the jury returned a verdict and damage award in favor of Pipes' parents.
Citing various issues wrong with the trial, attorneys for the CCSC filed an appeal in 2008. * * *
On Monday, the 13-page, 5-0 opinion, written by Justice Frank Sullivan Jr. on behalf of the Indiana Supreme Court, was released.
In it, Sullivan wrote the "case requires (the justices) to determine whether Indiana law recognizes a rebuttable presumption that children between the ages of 7 and 14 are incapable of contributory negligence."
Since the jury instruction reflected a legal presumption and correct statement of law running in favor of Pipes, the CCSC had to overcome it by providing proof he was accountable for his actions.
Of the 16 jury instructions submitted by the CCSC, according to Sullivan's document, only Kodi Pipes' decision-making level was considered by the jury.
The court concluded that since the CCSC never presented evidence or included instructions to the jury about considerations concerning any negligence of Pipes' parents in its defense, the issue was waived.
While the court recognized some language in the jury instructions might have been more precise if written differently, it was not enough of an error to reverse the verdict of the jury.
Posted by Marcia Oddi on December 4, 2009 10:20 AM
Posted to Ind. Sup.Ct. Decisions