Articles Posted in Indiana Supreme Court

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Plaintiff Maria Rosales filed this wrongful death action against LaPorte Community School Corporation after her son choked to death on food while eating lunch at his elementary school. The jury returned a $5 million verdict for Plaintiff, and judgment was entered in the sum of $500,000, the maximum amount then permitted under the Indiana Tort Claims Act. The School Corporation appealed. The court of appeals reversed and remanded for a new trial, concluding that the trial court erred in giving certain jury instructions. The Supreme Court granted transfer and agreed that the giving of the instruction, which could have reasonably been interpreted and applied by the jury in a way that substantially misstated Plaintiff's burden of proof with respect to establishing negligence on the part of the School Corporation, required reversal, but the error created by the instruction related only to the issue of liability and did not affect the jury's assessment of damages. Remanded for a new trial on the issue of liability only. View " LaPorte Cmty. Sch. Corp. v. Rosales " on Justia Law