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Aldana v. School City of East Chicago6/19/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
Plaintiffs, who consist of nine schoolchildren and one adult, appeal the judgment entered following a jury verdict in favor of Defendants, School City of East Chicago ("the City") and Earl Person, in a personal injury negligence action. We reverse and remand.
Issues
The issues before us are:
I. whether the trial court properly refused to instruct the jury on the doctrine of res ipsa loquitur; and
II. whether the trial court erred by instructing the jury on the sudden emergency doctrine.
Facts
The facts most favorable to the verdict in this case are that on April 2, 1998, Person, a school bus driver for the City, agreed to transport a group of first graders and chaperones on a field trip. While traveling on the Lake/Porter County Line Road on the return trip, Person noticed that the right wheels of the bus had left the pavement and gone onto the dirt shoulder. As he tried to bring those wheels back onto the pavement, the bus unexpectedly "jumped" and fishtailed into the opposite lane of the road, causing oncoming traffic to stop. Person eventually brought the bus back under control. The bus then stopped at a convenience store several minutes later at the urging of the chaperones. Person denied that the bus ever went up on two wheels. A State Trooper testified that holes and ruts in the road might have been a contributing cause of the incident. There was conflicting evidence concerning the nature and extent of the physical and psychological injuries, if any, suffered by the bus passengers.
Plaintiffs, all of whom were passengers on the bus, sued Defendants, seeking damages for physical injuries, medical expenses, and emotional distress. At trial, Plaintiffs presented evidence that the fishtailing of the bus caused schoolchildren to be thrown from their seats twice onto the floor and/or into the walls, other seats, and even the ceiling of the bus. Additionally, several witnesses testified that the bus went up on two wheels, although there was conflicting testimony as to which side of the bus became airborne. When Person regained control of the bus, several children were left underneath the bus seats crying. After the bus stopped, some of the children were transported to an emergency room for examination. Several of the children and their parents testified to experiencing emotional trauma following this incident. The State Trooper who testified that holes and ruts in the road may have contributed to the incident also testified that the weather that day was clear and he knew of no mechanical defects on the bus. He also indicated that the road was dry and not dangerous, and that he did not believe the holes and ruts were such that they would have caused a prudent bus driver to lose control of the vehicle.
At the conclusion of the evidence, Plaintiffs requested the trial court to instruct the jury on the doctrine of res ipsa loquitur, claiming Person's negligence, and hence that of the City via respondeat superior, could be inferred under the facts of the case. The trial court declined to give the instruction. It also instructed the jury on the sudden emergency doctrine, as proffered by Defendants over Plaintiffs' objection. The jury returned a verdict in favor of Defendants, upon which the trial court entered judgment. Plaintiffs now appeal.
Analysis
I. Res Ipsa Loquitur
Plaintiffs first challenge the trial court's refusal to instruct the jury on the doctrine of res ipsa loquitur. We review a trial court's refusal to tender a requested instruction for an abuse of discretio
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