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