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LaPORTE COMMUNITY SCHOOL CORP. v. ROSALES

No. 46S04-1105-CT-284.

963 N.E.2d 520 (2012)

LaPORTE COMMUNITY SCHOOL CORPORATION, Appellant (Defendant below), v. Maria ROSALES, Appellee (Plaintiff below).

Supreme Court of Indiana.

March 20, 2012.

Attorney(s) appearing for the Case

William H. Kelley , Darla S. Brown , Kelley, Belcher & Brown, Bloomington, IN, Attorneys for Appellant.

Kenneth J. Allen , Robert D. Brown , Kenneth J. Allen & Associates, P.C., Valparaiso, IN, Attorneys for Appellee.

DICKSON, Justice.

Concluding that one of the jury instructions given by the trial court could have misled the jury about a key issue regarding liability in this child wrongful death case, we reverse and remand for a new trial on the affected issue.

The 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 Hailmann Elementary School, which is part of...

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