Indiana Supreme Court: Family of Disabled Student Who Choked to Death at School Will Have Day in Court

Indiana Supreme Court: Family of Disabled Student Who Choked to Death at School Will Have Day in Court

This installment focuses on the Indiana Supreme Court decision in Lyons v. Richmond Community School Corporation that examined the application of fraudulent concealment and the discovery rule to the Indiana Tort Claims Act and found that the parents of a severely disabled student who was allowed to choke to death on food at her school could have their day in court.

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The Discovery Rule: Landers v. Wabash Center, Inc.

The Discovery Rule: Landers v. Wabash Center, Inc.

In this week's post we examine Indiana's application of the Discovery Rule that, when applicable, can permit a claim to proceed even though it was filed after the statute of limitations has run. This discussion is conducted in the confines of the recent Indiana Court of Appeals case Landers v. Wabash Center, Inc. authored by former longtime Indiana Chief Justice Randall Shepard acting in his capacity as a Senior Judge.

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