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WALLACE V. ROSEN, Indiana Ct. of Appeals 2nd Dist., 2002, 765 N.E.2d 192

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WALLACE V. ROSEN, Indiana Ct. of Appeals 2nd Dist., 2002, 765 N.E.2d 192 Powered By Docstoc
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WALLACE V. ROSEN, Indiana Ct. of Appeals 2nd Dist., 2002, 765 N.E.2d 192 History: Mable Wallace appeals the jury verdict in favor of Indianapolis Public Schools and Harriet Rosen, an IPS teacher; Facts: In 1994, Rosen was a teacher @ Northwest High School in Indianapolis; on April 22, 1994, there was a fire drill; Wallace was at the high school on that day delivering homework to her daughter, Lalaya; Lalaya’s boyfriend, Fuqua, helped Wallace up the stairs to the 2nd floor, where Lalaya’s class was; the fire alarm sounded and Rosen touched Wallace’s shoulder and said “move it”; then, Rosen turned Wallace around Issue(s): Did the trial court err in refusing to give her tendered jury instruction regarding battery? Did the trial court err in instructing the jury regarding the defense of incurred risk? Holding: Indiana Court of Appeals affirms; Judge Kirsch and Sullivan, J. concurred w/a separate opinion; Robb, J. concurred in part and concurred in result in part w/separate opinion Analysis: Wallace was creating a bottleneck on the stairway during a fire drill by stopping to talk to Lalaya and Fuqua; Rosen was exercising reasonable and ordinary care by raising her voice to warn Wallace and by touching Wallace’s shoulder; even if battery jury instructions were given, the facts of this case do not support them


				
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