Michael E. Lyons, Ind Denita L. Lyons, Ind. Michael E. Lyons and Denita L. Lyons, as Co-personal Rep. of the Estate of Megan Renee Lyons v. Richmond Community School Corp.Et Al.

• Court: Indiana Court of Appeals
• Decided: July 31, 2013
• Docket: 89A04-1204-PL-159
• Status: Published

Opinion

FOR PUBLICATION Jul 31 2013, 6:47 am

ATTORNEY FOR APPELLANTS: ATTORNEYS FOR APPELLEES RICHMOND COMMUNITY SCHOOL GARY P. PRICE CORPORATION ET AL.: Indianapolis, Indiana RICK D. MEILS JOHN W. MERVILDE Meils Thompson Dietz & Berish Indianapolis, Indiana

ATTORNEY FOR APPELLEE INDIANA INSURANCE COMPANY:

JAMES S. STEPHENSON Stephenson Morow & Semler Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

MICHAEL E. LYONS, Individually; ) DENITA L. LYONS, Individually; ) MICHAEL E. LYONS and DENITA L. ) LYONS, as Co-personal Representatives ) of the Estate of Megan Renee Lyons, Deceased, ) ) Appellants/Plaintiffs, ) ) vs. ) No. 89A04-1204-PL-159 ) RICHMOND COMMUNITY SCHOOL ) CORPORATION d/b/a RICHMOND ) HIGH SCHOOL; JOE SPICER; ) JEFFREY THORNE; and MAGGIE LaRUE, ) in their individual and official capacities, ) ) Appellees/Defendants, ) ) INDIANA INSURANCE COMPANY, ) ) Appellee/Non-Party-Respondent. )

APPEAL FROM THE WAYNE SUPERIOR COURT The Honorable Peter D. Haviza, Special Judge Cause No. 89D01-1006-PL-11

July 31, 2013

OPINION ON REHEARING - FOR PUBLICATION

BRADFORD, Judge

Appellees/Defendants Richmond Community School Corporation and certain school

administrators (“RCSC”) petition this court for rehearing. We grant RCSC’s petition, in part,

for the limited purpose of concluding that, “[a]lthough there may be factual issues to be

determined, whether there has been compliance with the [Indiana Tort Claims] Act’s notice

requirement is a question of law for the court.” Gregor v. Szarmach, 706 N.E.2d 240, 241

(Ind. Ct. App. 1999); accord City of Indpls. v. Satz, 377 N.E.2d 623, 625 (1978). In our

original opinion, we stated that the issue should be presented to the jury.

On remand, the trial court that should determine whether, in the exercise of ordinary

diligence, Appellants/Plaintiffs Michael and Denita Lyons could have learned of RCSC’s

alleged “tortious acts” prior to July 15, 2009. Wehling v. Citizens Nat’l Bank, 586 N.E.2d 840,

843 (Ind. 1992). July 15, 2009, was 180 days before the Lyonses filed notice of their claims

on January 11, 2010. In all other respects, we reaffirm our original disposition.

2 ROBB, C.J., and BAKER, J., concur.