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SOUTH BEND COMMUNITY SCHOOL CORPORATION v. WIDAWSKI

No. 46S03-9310-CV-1142.

626 N.E.2d 814 (1994)

SOUTH BEND COMMUNITY SCHOOL CORPORATION and Bernie M. Niedbalski, Appellants (Defendants below), v. Sandra WIDAWSKI, As Next Friend, of Sara Page, Appellee (Plaintiff below).

Supreme Court of Indiana.

January 24, 1994.

Attorney(s) appearing for the Case

Philip E. Kalamaros, Edward N. Kalamaros & Assoc., South Bend, for appellants.

P. Gregory Cross, Cross, Marshall, Schuck, DeWeese, Cross & Feick, Muncie, for amicus curiae Indiana Trial Lawyers Assoc.

Steven J. Moerlein, Moerlein Law Office, South Bend, for appellee.

Petition for Rehearing

SHEPARD, Chief Justice.

In my earlier dissent in this case, I noted that the Court's decision to implant the word "minor" in Ind. Code § 34-4-16.5-2(d) though the legislature did not place it there will necessarily mean that the Court will eventually have to decide who is a "minor" for purposes of this subjection of the code. South Bend Community School Corp. v. Widawski (1993), Ind., 622 N.E.2d 160

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