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Anthony A. Yoder, et al. v. Elkhart Community Schools

Date: 06-05-1998

Case Number: 20A05-9705-CV-173

Judge: Worth N. Yoder

Court: Superior Court, Elkhart County, Indiana

Plaintiff's Attorney: John D. Ulmer and Bodie J. Stegelman of Yoder, Ainlay, Ulmer & Burkingham, Goshen, Indiana

Defendant's Attorney: Michael J. Stapleton and Cheryl M. Knodle of Ball, Eggleston, Blumbleburg, McBride, Stapleton & Walkey, P.C., Lafayette, Indiana

Description:

Indiana Tort Claims Act claim (governmental tort claim) - On May 14, 1993, a fifteen passenger school van carrying eight students from Goshen High School was involved in a collision in Elkhart. The Fishers' daughter Arlene and the Yoders' daughter Allison were passengers in the van. Allison was killed and Arlene was rendered a quadriplegic. The van was equipped with seat belts, but the student passengers were not wearing them because the students either could not find the belts, could not figure out how to operate them, or found the belts to be in operable.

Outcome:

Verdict for plaintiffs. The jury returned a verdict for the Fishers for $450,000 and for the Yoders for an unknown sum. The Court entered judgment under the Indiana Tort Claims Act for the Fishers for $300,000, the maximum amount recoverable against the State of Indiana under the statute.

Plaintiff's Experts:

Unknown

Defendant's Experts:

Unknown

Comments:

The judgment of the trial court was affirmed by the Court of Appeals of Indiana. See: 696 N.E.2d 409 (Ind.App. 1998). The date shown above is the date of the appellate decision and not the trial date.

About This Case

What was the outcome of Anthony A. Yoder, et al. v. Elkhart Community Schools?

The outcome was: Verdict for plaintiffs. The jury returned a verdict for the Fishers for $450,000 and for the Yoders for an unknown sum. The Court entered judgment under the Indiana Tort Claims Act for the Fishers for $300,000, the maximum amount recoverable against the State of Indiana under the statute.

Which court heard Anthony A. Yoder, et al. v. Elkhart Community Schools?

This case was heard in Superior Court, Elkhart County, Indiana, IN. The presiding judge was Worth N. Yoder.

Who were the attorneys in Anthony A. Yoder, et al. v. Elkhart Community Schools?

Plaintiff's attorney: John D. Ulmer and Bodie J. Stegelman of Yoder, Ainlay, Ulmer & Burkingham, Goshen, Indiana. Defendant's attorney: Michael J. Stapleton and Cheryl M. Knodle of Ball, Eggleston, Blumbleburg, McBride, Stapleton & Walkey, P.C., Lafayette, Indiana.

When was Anthony A. Yoder, et al. v. Elkhart Community Schools decided?

This case was decided on June 5, 1998.