ILNews

Indiana Supreme Court won't review football death case

Michael W. Hoskins
January 1, 2007
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The Indiana Supreme Court will not review a Marion County case involving a 17-year-old ;s death following football practice in July 2001.

Justices denied transfer Thursday in Stowers v. Clinton Central, declining to vacate the Oct. 26 Court of Appeals decision that the school corporation, coaches, and athletic director were not negligent in the teenager ;s death. However, the ruling also stands that Marion Superior Judge Gary Miller erred by not including a jury instruction to describe the scope of school release forms.

Travis Stowers was a junior at Clinton Central High School when he collapsed during practice in July 2001 on a day when temperatures reached the 90s. He was treated by a team trainer before being taken to the hospital, where he died the next morning. Doctors determined his body temperature had reached 108 degrees.

His parents sued Clinton Central schools and the Indiana High School Athletic Association in 2002, claiming school officials disregarded rules limiting hot-weather practices. According to IHSAA guidelines, the first two days of pre-season practice must be limited to two, 90-minute sessions with a two-hour break between workouts.

A jury determined after a trial last year that the school was not negligent and was not liable for the boy ;s death.

In their appeal, Alan and Sherry Stowers also argued that neither they nor their son had assumed any risk and that Travis did not contribute to his death through his own negligence. The defense at the civil trial had argued that he waited too long to inform a coach he was not feeling well after appearing to have recovered from vomiting in the first of two practice sessions that day.

 
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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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