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Justices disagree on whether jury instruction requires new trial

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The majority of Indiana justices ordered a new trial on liability for a school corporation being sued for wrongful death, finding one of the jury instructions could have misled the jury about a key issue regarding liability.

Maria Rosales sued LaPorte Community School Corp. after her son choked to death on food while eating lunch at an elementary school. The jury awarded her $5 million, which was entered as $500,000, the maximum amount then allowed under the Indiana Tort Claims Act. The school corporation appealed, and the focus of this opinion is Final Instruction 22. The Court of Appeals reversed and remanded for a new trial on this issue.

The majority found that the language of Instruction 22 reasonably could have been interpreted and applied by the jury in a way that substantially misstated the plaintiff’s burden of proof with respect to establishing negligence on the part of the school corporation.

“Such an interpretation effectively creates new duties not recognized by the common law in Indiana,” wrote Justice Brent Dickson in LaPorte Community School Corporation v. Maria Rosales, No. 46S04-1105-CT-284.
 
Because they are unable to conclude whether the jury’s verdict would have been the same if that instruction had unambiguously and correctly stated the law, the majority reversed and remanded for a new trial on the issue of liability only.

Justice Frank Sullivan dissented, pointing out that Instruction 11 laid out the required standard by explaining that negligence is failure to exercise reasonable or ordinary care. It’s well settled that jury instructions are to be considered as a whole and in reference to each other, he wrote.

“I see no basis for finding that the jury was misled here. Instruction 11 corrected any error in Instruction 22 such that the jury could not have been misled as to the law,” he wrote.

 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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