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PENN HARRIS MADISON SCHOOL CORP. v. HOWARD

No. 71S05-0511-CV-509.

861 N.E.2d 1190 (2007)

PENN HARRIS MADISON SCHOOL CORPORATION, Appellant (Defendant below), v. Linda HOWARD, Individually and as Next Best Friend of David Howard, A Minor, Appellees (Plaintiffs below).

Supreme Court of Indiana.

March 1, 2007.

Attorney(s) appearing for the Case

Shannon L. Robinson, Bloomington, IN, Attorney for Appellant.

Douglas D. Small, South Bend, IN, Attorney for Appellees.

On Petition to Transfer from the Indiana Court of Appeals, No. 71A05-0410-CV-535.

SULLIVAN, Justice.

Two decades ago, the Legislature abolished the harsh doctrine of "contributory negligence" by which a man or a woman, injured through the fault of another, was denied any recovery if he or she was even slightly at fault. However, the defense of contributory negligence remains available to government entities like public schools. This case requires our focus...

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