ILNews

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.

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Been there 4 months with 1 paycheck what can i do

  2. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  3. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  4. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  5. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

ADVERTISEMENT