Lyons v. Richmond Community School Corp.
19 N.E.3d 254
| Ind. | 2014Background
- Megan Lyons, a 17-year-old student with Down Syndrome who had documented difficulty chewing, choked during lunch at Richmond High School and later died.
- School personnel had been provided written Risk and Dining Plans instructing that Megan be monitored at every meal and that her food be cut up, but the paraprofessional supervising that lunch was unaware of those plans and did not cut the sandwich.
- During the choking event, school staff did not perform the Heimlich or CPR, delayed calling 911, and a school nurse arrived several minutes after the incident; the school’s video surveillance that captured the event was never downloaded and was likely overwritten.
- School administrators met after the incident, threatened a witness cafeteria worker to stay silent, and did not preserve the surveillance footage; the insurer investigated but did not learn of the video.
- The Lyonses filed a Notice of Tort Claim over a year after Megan’s death; the defendants moved for summary judgment and the trial court granted it. The Indiana Court of Appeals issued a split decision; the Indiana Supreme Court granted transfer.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ITCA 180‑day notice—substantial compliance | Lyonses: they should be excused from strict compliance | RCSC: no notice filed within 180 days; strict requirement | Court: no substantial compliance; Lyonses filed no notice within 180 days — summary affirmance |
| ITCA—discovery rule tolling | Lyonses: could not have discovered the tort earlier despite diligence | RCSC: Lyonses should have discovered earlier; summary judgment appropriate | Court: factual dispute on when Lyonses knew or should have known — remand for factfinding |
| ITCA—fraudulent concealment (active/passive) | Lyonses: school actively and passively concealed material facts (misstatements, destroyed video, threats) | RCSC: no duty to disclose; no fraudulent concealment shown | Court: material factual issues exist as to active concealment and threatened evidence destruction — summary judgment improper; passive concealment duty not established as matter of law |
| State negligence/wrongful death — contributory negligence | Lyonses: not negligent; school’s failures caused death | RCSC: Lyonses were contributorily negligent for not informing school of dining needs | Court: contributory negligence not established as a matter of law; summary judgment inappropriate |
| Federal claims & discovery (insurer) | Lyonses: federal claims and discovery of insurer relevant | RCSC/Insurer: summary judgment on federal claims; motion to quash third‑party discovery; deny adding insurer | Court: Court of Appeals correctly affirmed trial rulings on federal claims, quash, and denial to add insurer |
Key Cases Cited
- Miller v. Dobbs, 991 N.E.2d 562 (Ind. 2013) (standard for reviewing summary judgment)
- Williams v. Tharp, 914 N.E.2d 756 (Ind. 2009) (definition of genuine issue and material fact on summary judgment)
- Doe v. Shults-Lewis Child & Family Servs., Inc., 718 N.E.2d 738 (Ind. 1999) (fraudulent concealment tolling doctrine explained)
- Hughes v. Glaese, 659 N.E.2d 516 (Ind. 1995) (distinction between active and passive fraudulent concealment)
- Alldredge v. Good Samaritan Home, Inc., 9 N.E.3d 1257 (Ind. 2014) (reasonable time to file after discovery in fraudulent concealment context)
- Wehling v. Citizens Nat’l Bank, 586 N.E.2d 840 (Ind. 1992) (discovery rule involves questions of fact for fact‑finder)
- Schoettmer v. Wright, 992 N.E.2d 702 (Ind. 2013) (ITCA compliance as a question of law that may depend on facts)