WALLACE V. ROSEN
765 N.E.2d 192 (2002)
NATURE OF THE CASE: Wallace (P), a mother of a student at a high school, filed suit
against Rosen (D), teacher and school system, alleging, negligence and battery during a fire
drill at the school and appealed a jury verdict in favor of the teacher and the school
system.
FACTS: D was a teacher at Northwest High School in Indianapolis. The high school had a
fire drill while classes were in session. The drill was not previously announced. P was at
the high school delivering homework to her daughter Lalaya. D was recovering from foot
surgery and Lalaya's class was on the second floor. Lalaya's boyfriend Eric accompanied D up
the stairs. There were near the top of the staircase when they saw Lalaya and began to speak
with her. Another student joined the conversation. The alarm then sounded and students began
filing down the stairs while P took a step or two up the stairs to the second floor landing.
D escorted her class to the designated stairway and noticed three or four people talking
together at the top of the stairway and blocking the students' exit. D told everybody to
move it. P claims she was unable to hear D over the noise of the alarm and D had to touch
her on the back to get her attention. D told P to get moving because there was a fire drill.
P testified that D pushed her down the stairs. D denied pushing P and testified that P had
not fallen, but rather had made her way down the stairs unassisted and without losing her
balance. The court gave an incurred risk instruction. The jury found in favor of D and P
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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