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COA clarifies jury issue in Richmond student death case

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The Indiana Court of Appeals granted a rehearing in a wrongful death lawsuit filed against a public school corporation by the family of a student with Down syndrome who died after choking at school, refining a question to be presented to a jury.

The COA ruled in May that the question of whether the Lyonses complied with the Indiana Tort Claims Act should be decided by a jury.

In Michael E. Lyons, Ind; Denita L. Lyons, Ind.; Michael E. Lyons and Denita L. Lyons, as Co-personal Rep. of the Estate of Megan Renee Lyons, Deceased v. Richmond Community School Corp.Et Al., 89A04-1204-PL-159, the court Wednesday issued a two-page order that clarified the earlier ruling.  

"On remand, the trial court … should determine whether, in the exercise of ordinary diligence, Appellants/Plaintiffs Michael and Denita Lyons could have learned of RCSC’s alleged ‘tortious acts’ prior to July 15, 2009. Wehling v. Citizens Nat’l Bank, 586 N.E.2d 840, 843 (Ind. 1992). July 15, 2009, was 180 days before the Lyonses filed notice of their claims on January 11, 2010. In all other respects, we reaffirm our original disposition."





 

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  1. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  2. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  3. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  4. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  5. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

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