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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. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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