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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...