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128 N.E.3d 450
Ind.
2019
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Background

  • Sixteen-year-old Jaylan Murray left Arlington Community High School without permission during school hours and was fatally shot hours later.
  • Prior incidents: Jaylan was a frequent runaway, had a prior DCS file, was reported missing days earlier, and committed a pharmacy robbery the night before his death.
  • On the day of the murder he signed in late, left through an unmonitored exit, and was later found with a large amount of money in an area known for criminal activity.
  • Estate sued Indianapolis Public Schools and Arlington Community High School for wrongful death, alleging negligent supervision during school hours.
  • Defendants moved for summary judgment asserting (1) immunity under the Indiana Tort Claims Act and (2) that Jaylan was contributorily negligent; trial court granted summary judgment.
  • Court of Appeals reversed on immunity and contributory negligence grounds; Indiana Supreme Court granted transfer and affirmed on contributory negligence (did not decide immunity).

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Jaylan's contributory negligence bars recovery Estate: Unknown why Jaylan left school; factual disputes preclude summary judgment on contributory negligence School: Jaylan left to engage in criminal activity (buy guns/drugs) and thus was contributorily negligent Held: Jaylan was contributorily negligent as a matter of law; his negligence was at least a slight cause, barring recovery
Whether defendants are immune under the Indiana Tort Claims Act Estate: Court of Appeals found immunity unavailable; factual questions remain School: Entitled to ITCA immunity Held: Not reached (contributory negligence dispositive); trial court affirmed on that ground

Key Cases Cited

  • Campbell Hausfeld/Scott Fetzer Co. v. Johnson, 109 N.E.3d 953 (Ind. 2018) (summary judgment standard)
  • Goodwin v. Yeakle’s Sports Bar and Grill, 62 N.E.3d 384 (Ind. 2016) (summary judgment—view facts in favor of nonmoving party)
  • Penn Harris Madison Sch. Corp. v. Howard, 861 N.E.2d 1190 (Ind. 2007) (children over 14 held to adult standard of care for contributory negligence)
  • McSwane v. Bloomington Hosp. & Healthcare Sys., 916 N.E.2d 906 (Ind. 2009) (contributory negligence bars recovery if even slight cause)
  • Murray v. Indianapolis Public Sch., 116 N.E.3d 525 (Ind. Ct. App. 2018) (Court of Appeals decision reversing trial court on immunity and contributory negligence)
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Case Details

Case Name: Katrina Murray and Aquila F. Flynn, as Co-Personal Representatives of the Estate of Jaylan T.R. Murray v. Indianapolis Public Schools and Arlington Community High School
Court Name: Indiana Supreme Court
Date Published: Aug 8, 2019
Citations: 128 N.E.3d 450; Supreme Court Case 19S-CT-282
Docket Number: Supreme Court Case 19S-CT-282
Court Abbreviation: Ind.
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    Katrina Murray and Aquila F. Flynn, as Co-Personal Representatives of the Estate of Jaylan T.R. Murray v. Indianapolis Public Schools and Arlington Community High School, 128 N.E.3d 450