Legal Opinion
Clay City Consolidated School Corp. v. Timberman
Indiana Supreme Court
Decided November 30, 2009No. 11S04-0904-CV-134PublishedCited by 12 opinions
1Opinion of the Court
On Petition to Transfer from the Indiana Court of Appeals, No. 11A04-0802-CV-96
SULLIVAN, Justice.
Following the death of 13-year-old Kodi Pipes at basketball practice for his school's team, his parents brought a child wrongful death action against the school corporation. This case requires us to determine whether Indiana law recognizes a rebutta-ble presumption that children between the ages of seven and 14 are incapable of contributory negligence. We hold that Indiana does recognize the presumption. As such, we affirm the jury verdict for the plaintiffs.
Background
Thirteen-year-old Kodi Pipes…
2Cases cited22 opinions
- Mangold Ex Rel. Mangold v. Indiana Department of Natural ResourcesIndiana Supreme Court · 2001
- Bader v. JohnsonIndiana Supreme Court · 2000
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. LightheiserIndiana Supreme Court · 1906
- Paragon Family Restaurant v. BartoliniIndiana Supreme Court · 2003
- Watts v. StateIndiana Supreme Court · 1950
17 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Brian L. Harrison v. State of IndianaIndiana Court of Appeals · 2015
- Christapher Batchelor v. State of IndianaIndiana Supreme Court · 2019
- LaPORTE COMMUNITY SCHOOL CORP. v. RosalesIndiana Supreme Court · 2012
- M.S.D. of Martinsville v. JacksonIndiana Court of Appeals · 2014
- Campbell v. StateIndiana Court of Appeals · 2014
7 more not listed; retrieve them via the Exa API.