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COA: More proceedings are needed on parents’ ITCA compliance

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Finding a genuine issue of material fact as to whether Richmond parents’ complied with the Indiana Tort Claims Act notice provision when filing a lawsuit after their severely disabled daughter died at school, the Indiana Court of Appeals ordered that issue to go before a jury.

Michael and Denita Lyons’ 17-year-old daughter Megan attended Richmond High School. She had Down syndrome and was severely mentally disabled, according to court records. She required around-the-clock care and someone to cut her food up. She choked on a sandwich while at school on Jan. 2, 2009, was deprived of oxygen for 15 to 20 minutes, and died two days later.

The Lyonses sued Richmond Community School Corporation under the ITCA and 42 U.S.C. Section 1983, alleging the school’s acts or omissions caused their daughter’s death. The trial court granted summary judgment to RCSC on the issues of compliance with ITCA’s notice provision and contributory negligence, as well as on the Section 1983 claims. The parents didn’t file their notice of tort claim until Jan. 11, 2010, and their lawsuit until June 8, 2010. They claim that they had no knowledge of the school’s negligence until a cafeteria worker contacted them in October 2009 and said “things were not done properly.”  

“The proper question, therefore, is: in the exercise of ordinary diligence, could the Lyonses have learned of RCSC’s alleged acts or omissions before July 15, 2009, which was 180 days before the Lyonses filed notice of their claims on January 11, 2010? This question is not resolved by the designated evidence, and therefore, it remains a genuine issue of material fact for the jury’s determination,” Judge Cale Bradford wrote in Michael E. Lyons, Denita L. Lyons, individually and as Co-Personal Representatives of the Estate of Megan Renee Lyons, Deceased v. Richmond Community School Corp. d/b/a Richmond High School; Joe Spicer; et al., 89A04-1204-PL-159.

The judges found many of the Lyonses’ other claims on appeal failed, including that the trial court erred in quashing their third-party discovery requests against RCSC’s insurance company and in granting RCSC summary judgment on the issue of contributory negligence.

“I believe many of the things that raise a question of fact as to when the Lyonses should have discovered their cause of action also raise a question of fact as to whether RCSC was fraudulently concealing material facts concerning the Lyonses’ cause of action,” Chief Judge Margret Robb wrote in a separate opinion.

She also dissented from the majority’s decision affirming the grant of summary judgment on the Lyonses’ Section 1983 claims regarding the school corporation’s liability.   

 

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

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  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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