Couple not negligent in baby's death

Back to TopE-mailPrintBookmark and Share

A couple did not breach their duty to protect a baby from a dangerous condition on their property in which a 2-month-old died after his mother smothered him while the two slept on a sofa at the couple's home. The Indiana Court of Appeals affirmed judgment as a matter of law in favor of the couple, ruling the parents of the infant had the duty to protect the child.

In Alisha Harradon and William Kenneth Jones Jr., individually and as parents of William Kenneth Jones III, deceased v. Keith and Kathy Schlamadinger, No. 75A03-0903-CV-114, 17-year-old parents Alisha Harradon and William Kenneth Jones Jr. claimed William's aunt and uncle, the Schlamadingers, were negligent and owed a reasonable care of duty to their son. William III died after Alisha decided to sleep on the Schlamadingers' sofa with the infant. The baby suffocated and died.

The parents filed a wrongful death complaint alleging the Schlamadingers' negligent failure to provide appropriate sleeping accommodations was the proximate cause of the baby's death. Kathy told the couple they could sleep in a spare bedroom or on the sofa or loveseat in the living room. Alisha chose to sleep on the couch with the baby, even though William wasn't comfortable with this sleeping arrangement.

The trial court granted summary judgment in favor of the aunt and uncle, ruling the infant's parents exercised total parental control over the baby and had a duty at all times to provide for his safety. The Court of Appeals agreed.

The appellate court took into consideration that the three were invitees on the Schlamadingers' property, that the infant was entirely dependant on his parents for his care, and that even though the parents were minors, they were charged with exercising the standard of care of adults.

"This is especially so because Parents had engaged in the adult activities of conceiving the child at issue and had exclusively cared for the child from its birth until its death," wrote Judge Paul Mathias.

The parents exclusively cared for the baby on the night of his death and the baby was never in Kathy's care. Public policy and common sense dictate that the duty to provide for a child's safety will usually rest with the child's parents while the child is in the parents' presence, he continued.

The Court of Appeals also rejected the parents' claim that the Schlamadingers owed a duty to the baby to exercise reasonable care to protect him from a condition on their property - the sofa. The sofa is a common household item that generally doesn't present an unreasonable risk of harm to a baby, wrote Judge Mathias, and the sofa wasn't a dangerous condition on their property within the meaning of Section 343 of Restatement (Second) of Torts.


Sponsored by
Subscribe to Indiana Lawyer
  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

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

  5. 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.