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Couple not negligent in baby's death

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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.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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