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Defendants not negligent in father's suicide, murder of daughter

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A father’s decision to crash a plane his daughter was in – killing them both – superseded any negligence that may be attributed to his flight instructor or other defendants in a wrongful death action, the Indiana Court of Appeals held Thursday.

Beth Ann Johnson, Eric Johnson’s ex-wife and mother of their daughter Emily, sued the Lawrence County Board of Aviation, Eric’s flight instructor Tony Newbold, and the Lawrence County commissioners for damages for Emily’s wrongful death. Eric was supposed to take Emily to school, but instead, brought her to Grissom Airport in Lawrence County and flew the plane the two were in into Beth’s mother’s home.

Prior to the crash, Eric cursed at Beth on the phone and told her he’d see her and her boyfriend in hell.

Eric was a student of Newbold and had not had enough training to fly solo with a passenger. No one at the airport thought anything of seeing Eric there, and they did not see Emily in the plane.

The Lawrence Circuit Court granted summary judgment for all the defendants based on Eric’s intentional act of flying the plane into the home. Beth argued that the evidence didn’t establish that it was a murder/suicide and that it could have been an accident. She also claimed the trial court erred in determining that the misuse of an aircraft wasn’t a foreseeable consequence of the airport’s non-existent security procedures.  

The trial court was correct in ruling in favor of the defendants, the judges held, because the evidence shows that Eric intended to crash the plane and his criminal acts triggered the intervening, superseding cause doctrine and broke the causal chain between the aviation board’s alleged negligence and Emily’s death. None of the actions or inaction of the defendants could be considered proximate cause of the child’s death as a matter of law, wrote Judge John Baker in Beth Ann Johnson, Mother of: Emily Johnson, Deceased Minor Child v. Lance Jacobs, Steven J. Cummins, Stacy Cummings, Lawrence County Board of Aviation Commissioners, Tony Newbold, Lawrence County Commissioners, No. 47A01-1102-CT-35.

Also, nothing in the record suggests that the defendants should have foreseen that Eric would use the rented airplane to commit murder and suicide because of a purported violation of a duty to properly secure the airplane. He was on the calendar that day for a scheduled flying lesson, no one saw Emily at the airport or on the plane, and he didn’t act out of the ordinary that day.
 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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