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School corporation sued by attacked students wins on appeal

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A student who filed a lawsuit against his school corporation after he was assaulted by a fellow student while a teacher was in the hallway lost his negligence case on appeal Thursday. The Indiana Court of Appeals affirmed summary judgment in favor of the school.

Richard Prancik was a seventh grader at Oak Hill Junior High School in November 2009 when he was put in a choke hold from behind by student K.M. in a classroom during a passing period. Prancik lost consciousness and injured his face when he fell. The classroom teacher, Rita Nolan, was standing in the hallway during the passing period supervising students as required by school policy. She did not see the incident.

The Court of appeals reviewed several cases addressing the nature and scope of a school’s duty to prevent children from coming to harm while in the school’s custody and care and the quantum of proof necessary to establish a possible breach of that duty. The cases show that courts will not shy away from holding as a matter of law that a school did not breach its duty to reasonably supervise children in their care and control where the facts warrant such a holding. Prancik’s case warrants a ruling in favor of the school corporation.

While Nolan could have positioned herself better to be able to view students in both the classroom and hallway, which may have prevented the attack, such speculation is insufficient to avoid summary judgment, Judge Michael Barnes wrote in Richard Prancik, b/n/f, Renee Prancik v. Oak Hill United School Corporation, 27A05-1302-CT-86.

There’s no evidence K.M. had violent tendencies or of any prior altercations between the two students. Nolan was following school policy and the time that Prancik and K.M. were left unobserved was no more than four minutes.
 

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  1. Nice work, Courtney!

  2. The O'Banions also sued Ford claiming the Roush vehicle's throttle cable was defective and stuck, and did not present evidence or argue to the contrary at trial. The proceedings were delayed by an appeal on the admissibility of expert testimony in which O' Banions also joined with the Roush Estate.

  3. AP writes "The justices will hear the appeal of the Colorado baker that pits his claims of religious freedom against the rights of the same-sex couple who wanted a wedding cake to commemorate their marriage." HOW ABOUT IF THIS WERE THIS ISSUE: "The justices will hear the appeal of the Colorado Jewish videographer that pits his claims of religious freedom against the rights of the Holocaust deniers who wanted to hire his photography studio to shoot their documentary debunking the six-million-cremated-theory ..." Would anyone doubt that the Jewish fellow's rights triumphed? Or how about "The justices will hear the appeal of the Colorado black carpenter that pits his claims of religious freedom against the rights of a white supremacist who wants a gallows built on his property to stage the mock hanging of former president Obama." Hey, would anyone doubt that the Black fellow's rights to contract triumphed? BUT ... make the "villain" in the story Christian conservatives (insert two minute hate here) and the victims gay (so cute they are), and it is bar the door Katie, for Big Brother's judicial stormtroopers simply must weigh in to wash clean the minds of any who would DARE to dissent from the elists' mandated spiritus mundi.

  4. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  5. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

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