michael-e-lyons-ind-denita-l-lyons-ind-michael-e-lyons-and-denita-l ( 2013 )

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