CLAY CITY CONSOLIDATED SCHOOL v. TIMBERMAN

No. 11S04-0904-CV-134.

918 N.E.2d 292 (2009)

CLAY CITY CONSOLIDATED SCHOOL CORPORATION, Appellant (Defendant below), v. Ronna TIMBERMAN and John Pipes II, Appellees (Plaintiffs below).

Supreme Court of Indiana.

November 30, 2009.


Attorney(s) appearing for the Case

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

Richard A. Waples, Indianapolis, IN, Keith L. Johnson, Terre Haute, IN, Attorneys for Appellees.


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 rebuttable presumption that children between the ages of seven and 14 are incapable of contributory negligence. We hold...

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