Katrina Murray and Aquila F. Flynn, as Co-Personal Representatives of the Estate of Jaylan T. R. Murray, Deceased, Appellants-Plaintiffs,
Indianapolis Public Schools and Arlington Community High School, Appellees-Defendants.
from the Marion Superior Court The Honorable James A. Joven,
Judge Trial Court Cause No. 49D13-1703-CT-11107
Attorneys for Appellants Karl L. Mulvaney Nana Quay-Smith
Bingham Greenebaum Doll, LLP Indianapolis, Indiana R. T.
Green Kellie C. Clark Blackburn & Green Indianapolis,
Attorneys for Appellees Caren L. Pollack Zachary J. Stock
OF THE CASE
Appellants-Plaintiffs, Katrina Murray and Aquila F. Flynn, as
Co-personal Representatives of the Estate of Jaylan T.R.
Murray (collectively, Appellants), appeal the trial
court's summary judgment in favor of
Appellees-Defendants, Indianapolis Public Schools (IPS) and
Arlington Community High School (Arlington) (collectively,
School) on Appellants' Complaint for wrongful death.
We reverse and remand for further proceedings.
Appellants present us with one issue on appeal, which we
restate as the following three issues:
(1) Whether Appellants waived their argument on appeal by
failing to respond to the School's motion for summary
(2) Whether a genuine issue of material fact exists with
respect to the School's duty to supervise its students
and monitor the School's exits; and
(3) Whether a genuine issue of material fact exists which
precludes the entry of summary judgment based on contributory
AND PROCEDURAL HISTORY
Jaylan Murray (Jaylan) was a 16-year-old student at
Arlington. Jaylan's parents were divorced and he lived
with his father, Marcus Murray (Marcus). At home, Jaylan was
openly defiant to Marcus and would frequently run away. As a
result, he had an open case file with the Indiana Department
of Child Services (DCS). However, even though Jaylan would
run away from home, he would usually still go to school.
During Jaylan's absences, Marcus knew that Jaylan would
either be with a friend or with the girl across the street.
Marcus would report Jaylan missing to the police, and DCS
would pick Jaylan up and call Marcus to retrieve his son.
"Usually, the police report kicks out to the school, and
they would know that he's a runaway."
(Appellants' App. Vol. II, p. 43). In addition, Marcus
had informed Stan Law, Arlington's principal, about
On January 25, 2016, Jaylan ran away from home. Although
Marcus knew where Jaylan was, on January 29, 2016, Marcus
reported Jaylan's absence to the police. Jaylan was
murdered on the afternoon of February 3, 2016, and his body
was discovered around 4:02 p.m. at the apartment complex
across the street from Arlington. Little is known about the
circumstances surrounding Jaylan's murder. ...