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[SUPREME] K.G., by her Parent and Next Friend, Melody Ruch, and Melody Ruch, Individually v. Morgan Smith, New Augusta North Public Academy, and Metropolitan School District of Pike Township, No. 20A-CT-01802

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Thursday, September 16, 2021 10:00am to 10:40am

[SUPREME] K.G., by her Parent and Next Friend, Melody Ruch, and Melody Ruch, Individually v. Morgan Smith, New Augusta North Public Academy, and Metropolitan School District of Pike Township, No. 20A-CT-01802
Statehouse, Supreme Court Courtroom, 200 West Washington Street, Indianapolis, IN 46204

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Due to the COVID-19 pandemic, masks are required in the Courtroom, and public seating is limited for social distancing. (A live webcast will be available outside the Courtroom and remotely.)

Ruch, individually and as parent and next friend of her daughter K.G., sued the defendants after an instructional assistant sexually assaulted K.G. at school. Defendants moved for partial summary judgment, arguing that Ruch did not satisfy either the modified impact rule or the bystander rule for infliction of emotional distress because she was not present during the assault. The Marion Superior Court granted summary judgment to Defendants on Ruch’s individual claims. The Court of Appeals affirmed in part, reversed in part, and remanded. K.G. by next friend Ruch v. Smith, 164 N.E.3d 829 (Ind. Ct. App. 2021), trans. pending. Ruch has filed a petition to transfer and asks the Supreme Court to assume jurisdiction over the appeal.  

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