VINCENNES—The Court of Appeals of Indiana’s award-winning civics education outreach program, Appeals on Wheels, will visit Vincennes University on February 20, 2025, at 10:30 a.m.
A panel of judges will hear live, in-person arguments in Larky v Camp Livingston.
In 2016, the child died at Camp when a tree fell on her cabin during a storm. Her divorced parents equally shared legal & physical custody. Mother had completed the online Camp application, which included a release.
After Father sued in June 2018, Camp answered w/o asserting release as an affirmative defense. The mother was dismissed after disclaiming any interest in the suit. In December 2023, Camp, with new counsel, sought leave to amend the answer to assert the defense of release. The motion was granted before Father could respond, so he filed a motion to reconsider. He noted that after years of litigation & multiple trial settings, a jury trial was only three weeks away, and the effect of the release was a legal question, with the time for filing dispositive motions long passed.
After the motion to reconsider was denied, Camp indicated that it would consent to continue the trial to allow for a briefing on the effect of the release. The court granted Father’s motion for continuance, and then Camp filed for SJ based on the release, which was granted.
On appeal, Father argues that the court abused its discretion by allowing Camp to amend the answer. Alternatively, he argues that the release was not sufficiently specific to release Camp from liability for its negligence & that he was not bound by the release, signed only by Mother. Camp contends that the latter is an issue of first impression, which it phrases as: Where parents equally share legal and physical custody and, therefore, only a single, joint wrongful death claim may be brought, is a release signed by one parent binding on and imputed to that single, joint claim shared by the parents.
The event is open to the public, and following the argument, the audience will have a chance to ask the judges questions about the judiciary; however, they are unable to speak about the specific case.
Scheduled Panel of Judges:
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