ILNews

Indiana Supreme Court won't review football death case

Michael W. Hoskins
January 1, 2007
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The Indiana Supreme Court will not review a Marion County case involving a 17-year-old ;s death following football practice in July 2001.

Justices denied transfer Thursday in Stowers v. Clinton Central, declining to vacate the Oct. 26 Court of Appeals decision that the school corporation, coaches, and athletic director were not negligent in the teenager ;s death. However, the ruling also stands that Marion Superior Judge Gary Miller erred by not including a jury instruction to describe the scope of school release forms.

Travis Stowers was a junior at Clinton Central High School when he collapsed during practice in July 2001 on a day when temperatures reached the 90s. He was treated by a team trainer before being taken to the hospital, where he died the next morning. Doctors determined his body temperature had reached 108 degrees.

His parents sued Clinton Central schools and the Indiana High School Athletic Association in 2002, claiming school officials disregarded rules limiting hot-weather practices. According to IHSAA guidelines, the first two days of pre-season practice must be limited to two, 90-minute sessions with a two-hour break between workouts.

A jury determined after a trial last year that the school was not negligent and was not liable for the boy ;s death.

In their appeal, Alan and Sherry Stowers also argued that neither they nor their son had assumed any risk and that Travis did not contribute to his death through his own negligence. The defense at the civil trial had argued that he waited too long to inform a coach he was not feeling well after appearing to have recovered from vomiting in the first of two practice sessions that day.

 
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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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