Recently, the Indiana Supreme Court released an opinion in a case involving the devastating murder of a student after he left school grounds without permission. The case illustrates important concepts of government liability and comparative fault, both of which are frequently at issue in Indiana personal injury lawsuits.
According to the court’s opinion, the young man’s family filed a wrongful death lawsuit against the Indiana school district, claiming that the school was responsible because it did not ensure that the young man stayed on school grounds. Reports indicated that the young man was frequently truant, and on the day of the murder, he came to school late and subsequently left through an unsecured exit while school was still in session. It is unclear why the student left school, but there was evidence to suggest that the young man left to engage in unlawful activities. Tragically, he was shot and murdered shortly after he left school.
The family’s lawsuit alleged that the school was responsible for the wrongful death of the young man because they did not adequately supervise the student during school hours. In response, the school district moved to dismiss the claim based on the Indiana Tort Claims Act (ITCA) as well as the doctrine of contributory negligence. The appeals court found that there were issues of material fact regarding whether the student was contributorily negligent in his death.