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Defendants not negligent in father's suicide, murder of daughter

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A father’s decision to crash a plane his daughter was in – killing them both – superseded any negligence that may be attributed to his flight instructor or other defendants in a wrongful death action, the Indiana Court of Appeals held Thursday.

Beth Ann Johnson, Eric Johnson’s ex-wife and mother of their daughter Emily, sued the Lawrence County Board of Aviation, Eric’s flight instructor Tony Newbold, and the Lawrence County commissioners for damages for Emily’s wrongful death. Eric was supposed to take Emily to school, but instead, brought her to Grissom Airport in Lawrence County and flew the plane the two were in into Beth’s mother’s home.

Prior to the crash, Eric cursed at Beth on the phone and told her he’d see her and her boyfriend in hell.

Eric was a student of Newbold and had not had enough training to fly solo with a passenger. No one at the airport thought anything of seeing Eric there, and they did not see Emily in the plane.

The Lawrence Circuit Court granted summary judgment for all the defendants based on Eric’s intentional act of flying the plane into the home. Beth argued that the evidence didn’t establish that it was a murder/suicide and that it could have been an accident. She also claimed the trial court erred in determining that the misuse of an aircraft wasn’t a foreseeable consequence of the airport’s non-existent security procedures.  

The trial court was correct in ruling in favor of the defendants, the judges held, because the evidence shows that Eric intended to crash the plane and his criminal acts triggered the intervening, superseding cause doctrine and broke the causal chain between the aviation board’s alleged negligence and Emily’s death. None of the actions or inaction of the defendants could be considered proximate cause of the child’s death as a matter of law, wrote Judge John Baker in Beth Ann Johnson, Mother of: Emily Johnson, Deceased Minor Child v. Lance Jacobs, Steven J. Cummins, Stacy Cummings, Lawrence County Board of Aviation Commissioners, Tony Newbold, Lawrence County Commissioners, No. 47A01-1102-CT-35.

Also, nothing in the record suggests that the defendants should have foreseen that Eric would use the rented airplane to commit murder and suicide because of a purported violation of a duty to properly secure the airplane. He was on the calendar that day for a scheduled flying lesson, no one saw Emily at the airport or on the plane, and he didn’t act out of the ordinary that day.
 

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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