Justices draw bright line on children's fault

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Indiana law recognizes a rebuttable presumption that children ages 7 to 14 aren't capable of contributory negligence, the state's Supreme Court has confirmed.

In a unanimous ruling Monday in Clay City Consolidated School Corp. v. Ronna Timberman and John Pipes II,, No. 11S04-0904-CV-134, the justices affirmed a jury verdict in favor of the parents of a 13-year-old boy who died during basketball practice in 2003.

Kodi Pipes blacked out during a basketball practice. He wasn't yet cleared to practice without restrictions by his doctor when he participated later that week in a running drill and collapsed and died. Pipes' mother, Ronna Timberman, said she told his coach he could do walkthroughs at practice until cleared but couldn't participate in strenuous activity.

Timberman and Kodi's father, John Pipes, filed a complaint against Clay City Schools, alleging the school was negligent under Indiana's Child Wrongful Death statute. The jury ruled in favor of the parents and awarded them $300,000.

The Indiana Court of Appeals reversed and ordered a new trial because it found the trial court committed reversible error when it gave an instruction that Indiana law recognizes a rebuttable presumption for 7- to 14-year-olds.

Applying the Restatement (Second) of Torts, Section 283A, and caselaw including Borttorff v. S. Constr. Co., 184 Ind. 221, 110 N.E. 977 (1916), and Mangold ex rel. Mangold v. Ind. Department of Natural Resources, 756 N.E.2d 970 (Ind. 2001), the justices confirmed that Indiana law does recognize a rebuttable presumption that children ages 7 to 14 are incapable of contributory negligence.

The high court's ruling is consistent with the Borttorff precedent and accords with the unquestioned obligation that the alleged tortfeasor bears of proving contributory negligence, wrote Justice Frank Sullivan. Based on the instant ruling and Evidence Rule 301, the justices determined the trial court's final instruction No. 20, which stated the law recognized the rebuttable presumption, was a correct statement of law.

The Supreme Court also ruled that Clay City waived its argument that Kodi's parents were contributorily negligent; that the trial court didn't err when it instructed the jury that it "may" find for the school corporation if it found any negligence on the part of Kodi; that the trial court didn't commit reversible error when instructing the jury on proximate cause in Final Instructions Nos. 19, 21, and 25; and that the cumulative effect of the trial court's instructions doesn't entitle Clay City to a new trial.


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  1. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.