Johnson v. Jacobs
970 N.E.2d 666
Ind. Ct. App.2011Background
- Marriage of Eric and Beth Johnson; Emily Johnson is their minor daughter.
- Eric obtained flight training and kidnapped Emily as a passenger during a March 2007 Grissom Airport flight.
- Eric intentionally piloted the Cessna and crashed into Beth’s mother Pace’s residence, killing Emily and himself.
- Beth filed wrongful-death claims against the Aviation Board, Newbold, and Lawrence County Commissioners; trial court granted summary judgment for all defendants.
- NTSB/State Police reported murder-suicide; trial court and appellate court concluded Eric’s intentional act superseded any alleged negligence by defendants.
- Court affirmed grant of summary judgment for appellees on proximate-cause and foreseeability theories.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Eric’s intentional act supersedes defendants’ alleged negligence. | Johnson argues there is a genuine issue of material fact that the crash was a tragic accident, not a murder-suicide. | Appellees contend Eric’s intentional actions were the superseding cause breaking the causal chain. | Yes; intentional acts were superseding, breaking causation. |
| Whether foreseeability of misuse of the aircraft by Eric was a duty issue for summary judgment. | Johnson asserts Grissom’s non-existent security procedures made the misuse foreseeable. | Defendants deny a duty based on non-regulatory TSA guidelines and lack of foreseeability. | No duty; guidelines not mandatory; summary judgment affirmed. |
Key Cases Cited
- Estate of Heck v. Stoffer, 786 N.E.2d 265 (Ind. 2003) (foreseeability and duty principles in a negligent-storage/weapon context emphasize duty and proximate cause)
- Merchants Nat’l Bank v. Simrell’s Sports Bar & Grill, Inc., 741 N.E.2d 383 (Ind. Ct. App. 2000) (proximate cause; intervening criminal act as superseding cause analysis)
- Cook v. Ford Motor Co., 913 N.E.2d 311 (Ind. Ct. App. 2009) (foreseeability in product-defect/driver-action context; intervening acts)
- Conder v. Hull Lift Truck, Inc., 435 N.E.2d 10 (Ind. 1982) (intervening negligent alteration; proximate cause standard)
- Havert v. Caldwell, 452 N.E.2d 154 (Ind. 1983) (proximate cause; single-conclusion rule applicability)
- Rice v. Strunk, 670 N.E.2d 1280 (Ind. 1996) (elements of negligence and proximate causation; foreseeability)
- Van Duyn v. Cookr-Teague Partnership, 694 N.E.2d 779 (Ind. Ct. App. 1998) (duty and standard of care; proximate cause framework)
- Tom-Wat, Inc. v. Fink, 741 N.E.2d 843 (Ind. 2001) (summary-judgment standard; material-fact inquiry)