Wyatt Severance v. New Castle Community School Corporation 3/23/17

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Thursday  March 23, 2017 
11:00 AM  EST

11 a.m. 33A01-1609-CT-02088. Wayne County. In 2013, Wyatt Severance and Turner Melton were both enrolled in a vocational education program through New Castle Community School Corporation.  A physical altercation between the two students resulted in a serious leg injury to Severance, who filed a civil complaint against the school corporation, alleging negligence.  The school corporation moved for summary judgment on two grounds:  first, that Severance was contributorily negligent in bringing about his injuries, thereby barring any recovery, and second, that the school did not breach its duty to Severance.  During the summary judgment stage, Severance designated an expert affidavit, which the school corporation moved to strike.  The trial court granted the school’s motion to strike and the school’s motion for summary judgment.  Severance now appeals.

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