ILNews

COA affirms $120,000 for student attacked at school

Back to TopCommentsE-mailPrintBookmark and Share

A former Gary high school student is entitled to $120,000 in damages following an attack in a hallway during school, the Indiana Court of Appeals ruled Wednesday. Gary Community School Corp. appealed the jury award.

Prince Lardydell was a freshman at West Side High School when he was attacked in the hallway by several individuals for nearly 10 minutes. A teacher heard the attack and pressed a panic button. He had screamed for help but school safety personnel did not arrive until after the attack had ended and his attackers fled.

He and his mother, Erma, sued the school corporation. At trial, Andrea Ledbetter, who served on the school corporation’s board at the time of the attack, testified about a video of the attack she watched during an executive session. The jury found in favor of the Lardydells and awarded $120,000.

GCS argued the trial court shouldn’t have let Ledbetter testify about the video she watched during the executive session because the doctrine of qualified privilege applies to all discussions held during its board’s executive sessions.

Indiana’s Open Door Law is silent as to whether discussions during executive sessions are privileged or whether persons present during an executive session can be barred from disclosing what occurred during an executive session. GCS does not cite to any authority which has applied the doctrine of qualified privilege, or any other privilege, to bar board members of public agencies from testifying about all discussions during executive sessions, Senior Judge Card Darden wrote in Gary Community School Corporation v. Prince Lardydell b/n/f Erma Lardydell, 45A03-1306-PL-230.  

Ledbetter described in detail to the jury the video, a video that was not among those that GCS had disclosed to the Lardydells during discovery. The COA noted that Ledbetter complied with the trial court’s limitation that she not testify about communications that occurred during executive sessions.

GCS also argued the trial court erred in giving Final Instruction 12 because it misstated the law and allowed the jury to determine that GCS was negligent without first deciding whether the school breached the standard of ordinary and reasonable care. The instruction merely provided that if the Lardydells proved certain facts “beyond the weight of the evidence,” then the jury “may infer” negligence. The jury wasn’t obligated by the terms of the instruction to find negligence and GCS was free to submit evidence to rebut any inference of negligence, the judges held.

The school corporation also claimed the trial court should have granted its motion for a new trial or to alter or amend the judgment because the $120,000 award is unsupported by the evidence. Before the attack, Prince had aspirations to attend college and was an average student. After the attack, he experienced severe depression, was afraid to go outside and moved to Indianapolis. His academic performance also suffered at his new high school. Even six years after the attack, he is only able to find part-time work and is still concerned about leaving his house.

The Court of Appeals declined to second-guess the jury’s decision.   
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

ADVERTISEMENT