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MANGOLD v. IND. DEPT. OF NATURAL RESOURCES

No. 78S01-0110-CV-479.

756 N.E.2d 970 (2001)

Matthew MANGOLD, a minor by his next friend, Michael MANGOLD, Appellant-Plaintiff, v. INDIANA DEPARTMENT OF NATURAL RESOURCES and Switzerland County School Corporation, Appellees-Defendants.

Supreme Court of Indiana.

October 25, 2001.

Attorney(s) appearing for the Case

Gary K. Kemper, Kemper, Barlow & Sparks, Madison, IN, Attorney for Appellant.

Jeffrey A. Modisett, Attorney General of Indiana, J.T. Whitehead, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee Indiana Department of Natural Resources.

Danford R. Due, Leslie A. Behrman, Stewart Due Doyle & Pugh, LLP, Indianapolis, IN, Attorneys for Appellee Switzerland County School Corporation.

ON PETITION TO TRANSFER

RUCKER, Justice.

We grant transfer in this case and hold that on a complaint for negligence, the common law duty of care that a school owes its students is not dependent upon whether an injury a student suffers occurs on school property. We also reaffirm that subsection nine of the Indiana Tort Claims Act provides immunity to governmental entities only under very narrow circumstances...

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