Ruch v. Smith
164 N.E.3d 829 (2021)
Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
P gave birth to K.G. in 2004. K.G. was born with cerebral palsy, microcephaly, congenital quadriplegia, optic nerve hypoplasia, and epilepsy. She can communicate only nonverbally, and her communication, vision, physical movement, and comprehension skills are limited. From October 2015 to January 2016, K.G. attended the New Augusta North Public Academy in the Indianapolis Metropolitan School District of Pike Township. Instructional assistants and other school employees provided special assistance to K.G. because of her disabilities. This assistance included changing K.G.'s diapers. Morgan Smith (D), an instructional assistant at New Augusta North Public Academy, sexually abused K.G. while changing her diaper. P did not learn about the abuse until February 2018. P sued Ds. P alleged that she suffered emotional distress as a result of the sexual abuse of her daughter, and lost the ability to care for her daughter in her home. She has incurred expenses for the placement of [K.G.] in a chronic care facility. P was not present when Smith (D) sexually abused K.G. Ds sought summary judgment claiming P could not recover for the emotional trauma she suffered. The court granted the motion and P appealed.
Issues
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Holding & Decision
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Legal Analysis
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