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Arguments Thursday in infant sleeping death

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The Indiana Court of Appeals will hear arguments tomorrow in a negligence suit filed by parents after their infant died while sleeping on a couch with his mother.

In Alisha Harradon and William Kenneth Jones Jr. v. Kathy and Keith Schlamadinger, No. 75A03-0903-CV-114, parents Alisha Harradon and William Jones Jr. allege the Schlamadingers' negligence proximately caused the death of their 3-month-old son.

Harradon and Jones were staying overnight at the Schlamadingers' home; Harradon slept on the couch with the infant, who suffocated and died. The parents claim the Schlamadingers didn't provide an adequate place for the baby to sleep.

The trial court granted summary judgment for the Schlamadingers. The parents argue on appeal the couple owed a duty to their son and there is a genuine issue of material fact as to whether the Schlamadingers breached that duty.

Judges James Kirsch, Paul Mathias, and Patricia Riley will hear the arguments scheduled for 11 a.m. Thursday in the Indiana Court of Appeals courtroom. The arguments will be webcast on the COA's Web site.

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  1. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  2. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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