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Wallace v. Rosen, 765 N.E.2d 192, 162 Ed. Law Rep. 966

Facts

In April 1994, during an unannounced fire drill at Northwest High School, Mable Wallace was delivering homework to her daughter. As students began to exit, Wallace and her daughter's boyfriend were near the top of the stairs when Rosen, the teacher, approached them to clear the way. Wallace testified that Rosen pushed her down the stairs, while Rosen denied this, stating that Wallace had not fallen but had moved down the stairs on her own. The trial court refused to give Wallace's requested jury instruction on battery and instead instructed the jury on the defense of incurred risk.

On April 22, 1994, the high school had a fire drill while classes were in session.

Issue

Did the trial court err in refusing to give a jury instruction on civil battery and in giving an instruction on the defense of incurred risk?

Whether the trial court erred in refusing to give her tendered jury instruction regarding battery.

Rule

A party is entitled to have a tendered instruction read to the jury if it correctly states the law, is supported by evidence, and is not covered by other instructions. The defense of incurred risk requires evidence of a plaintiff's actual knowledge and appreciation of the specific risk involved and voluntary acceptance of that risk.

Instruction of the jury is left to the sound discretion of the trial court.

Analysis

The court found that the trial court did not abuse its discretion in refusing the battery instruction because there was insufficient evidence to support that Rosen's actions were rude, insolent, or angry. The court noted that Rosen's actions were intended to facilitate a safe exit during a fire drill, and the touching was not considered offensive in the context of the situation. Additionally, the court determined that even if the incurred risk instruction was erroneous, it did not affect Wallace's substantial rights since the jury's verdict would not have changed.

The conditions on the stairway of Northwest High School during the fire drill were an example of Professors Prosser and Keeton's 'crowded world.'

Conclusion

The Court of Appeals affirmed the trial court's judgment in favor of Indianapolis Public Schools and Harriet Rosen, concluding that the trial court did not err in its jury instructions.

We affirm.

Who won?

Indianapolis Public Schools and Harriet Rosen prevailed because the court found no error in the trial court's refusal to give the battery instruction and determined that the inclusion of the incurred risk instruction did not prejudice Wallace's case.

The jury found in favor of IPS and Rosen, and Wallace now appeals.

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