ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

A father’s decision to crash a plane his daughter was in – killing them both – superseded any negligence that may be attributed to his flight instructor or other defendants in a wrongful death action, the Indiana Court of Appeals held Thursday.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

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

ADVERTISEMENT