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Verdict reached in 2003 wrongful death case

Thursday, December 13, 2007

Kodi Braden Pipes' family believes justice was served when a jury ruled in their favor in a wrongful death case against Clay Community School Corporation Thursday afternoon.

On Nov. 19, 2003, Pipes collapsed while shooting free throws at eighth-grade basketball practice at Clay City Jr.-Sr. High School. Although CPR was administered immediately, Pipes was pronounced dead after being transported to the emergency room of St. Vincent Clay Hospital.

Autopsy reports performed by Forensic Pathologist Dr. Roland Kohr determined Pipes died of post-myocarditis with myocardopathy. At the time, the coroner said the condition, which is a weakening of the structure of the heart, would be impossible to determine why Pipes died from it.

"I hope this sends a message to schools to take kids with medical conditions seriously. Kodi had an episode two days before this incident and the school should have made sure that he had medical clearance before going back to practice," Attorney Richard A. Waples said after the decision for his clients was announced. "This was an unfortunate and tragic incident. Hopefully we can learn from it."

It took three hours for the jury members to award a $425,000 judgment in favor of Pipes' parents, which was divided between his mother, Ronna Timberman, ($250,000) and his father, John Pipes II ($175,000).

Unable to explain all the emotions she was feeling about the decision, Timberman agreed with her attorney.

"Justice was served today for Kodi Braden Pipes. This was a long time coming. Teachers should take precautions in cases like this because something can happen," Timberman said.

"I don't want something like this to happen to anyone again."

Pipes' parents filed the wrongful death case against the Clay Community School Corporation in August 2006. With Special Judge Matthew L. Headley, from Putnam County, presiding, testimony in the case began Monday.

Superintendent Dan Schroeder, who was not with the school corporation at the time of the 2003 incident, felt he was unable to comment on the judgment and referred all questions to the corporation's attorney, William H. Kelley.

Attempts to contact Kelley at his Indianapolis office were not returned before press time.

Brazil Times' Staff Reporter Jason Jacobs contributed to this report.


Comments
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What is this world coming to when the school is blamed for the death of a student. Should the parents not have some responsibility in sending him to practice? If my child had been blacking out two days before practice I would make sure that he/she would have been seen and cleared by the doctor to practice. Me the Parent NOT the school.

-- Posted by Partrosie on Fri, Dec 14, 2007, at 11:17 AM

I totally agree with Partrosie. Where does the parents responsibility come in to play? Why should they be rewarded a settlement when they should be the ones at fault. I really hope the school plans to appeal this case. It's another example of how our justice system has become a big joke. I also feel it was a terrible tragedy to have put his classmates through this ordeal over and over again. The whole thing makes me sick.

-- Posted by Jed on Fri, Dec 14, 2007, at 12:10 PM

When did the school system take over as the parents of the students. I mean come on if you send your child to school and he/she has a medical problem then you as a parent should make sure that the child doesn't take part in any activities until cleared by a doctor. The school can not and should not have to babysit every student. The parents are the ones that should be in control of their child. Don't pass the blame off on a coach or a teacher if you yourself can't tell your child that they can't do an activity and make sure that they are not doing something that could cause harm to themselves. As a parent I would not have let my child go to practice and if the doctor had cleared my child to go to practice and something happened then the doctor should have been in trouble not a school. If you don't like the way the schools are run then home school your children.

-- Posted by Kelli on Fri, Dec 14, 2007, at 12:43 PM

Well I am sure there are a lot of people in Clay County and the surrounding area who feel the same as Jed and Partrosie,but the truth be known is that the whole story was not printed or told, like many stories in the newspaper or seen on tv and internet are not completely told.

I don't think you can make a judgement with out all the facts. In the first place the coach was told not to practice Kodi that night after he had blacked out monday night. Kodi wanted to attend practice to know the plays for the game,and he had an appointment with a specialist on thursday and by the way Dr.Kor never really found a cause of death. If the coach would have followed the request of the mother of not to be practicing on wednesday Kodi would still be here today. So the school is responsible for keeping our kids safe and those who represent the school also should be held responsible also. No amount of money will replace a loving,smart,caring kid who was loved by many. This was not a victory for the family but a closure of sorts, that the truth had to come out.

Some day more of the truth will be known, like not calling 911 for over 40 minutes after he collapsed and the lack of medical attention he got for certain individuals. I think a lot of people in the community just wanted to pretend it never happened and school officials would like to have swept in under the rug, Heaven forbid it tarnished such a perfect community's reputation.

When you lie it eventually comes back to bite you. The truth prevailed in Clay County on December13,2007 .

-- Posted by MyDean35 on Fri, Dec 14, 2007, at 1:11 PM

What is the problem with the people in this county??? Why are all these people subject to "truths" we do not know. The facts are out, the settlement has been handed out. The school is a scapegoat. I am my childs keeper. They are their childs keeper. Guess it makes them feel btter to pass that buck off on others. This sickens me

-- Posted by madmom61 on Fri, Dec 14, 2007, at 1:45 PM

I am sure that you know what your child does every minute of the day because you are a perfect parent Hollyann, needless to say the school was not a scape goat ,but that is the mentality of most of the people in clay county, narrow mindedness. Yes the schools,teachers,coaches,administration and volunteers are responsible for your children,especially when they have been instructed not to let your child participate in a practice,and they agree to abide by this and then go ahead and do it anyway. Kodi was scheduled for a doctors appointment the next day,but like most atheletes who are sitting out for an injury or illness, still like to be there to see what is going on. How can you blame a child or the parent when they have done their part to protect the child.

I did not say that the school was a baby sitter for children. But i bet you would be preaching a different tune had it been your child. that is right not all the truth has come out ,let me put it this way, they were completely irressponsible in so many ways, not calling 911 right away, i am talking about the coaches there, whom one of them i know had emergency training.

Bottom line is they lied the coaches , and others from the school about so many things that happened that night, wouldn't youwant to know what happened if it was your child,I am sure of that.

Most people probably think it was about the money , it wasn't it was about the truth plain and simple!!

-- Posted by MyDean35 on Fri, Dec 14, 2007, at 4:41 PM

myDean... I do not believe that I claimed to be a perfect parent. ( Lord knows I fall short there.) I was just stating that I am my childs keeper. I am the person entrusted with their lives... I am the person accountable for their lives. I am the person who has to answer in the end.

I am sorry that you are struggeling and have such stress with this story. Maybe you should examine why you feel this way.

-- Posted by madmom61 on Sat, Dec 15, 2007, at 10:01 AM

Did you ever stop to think that myDean35 may be a member of Kodi's family? I cannot believe the way you people have responded. Totally uncalled for. You know nothing about this case, only what you saw on the news. I can't believe I am even actually trying to defend this to ignorant people who are totally disrespecting Kodi and his family. What if it were your child? How would you feel? How would you react? Would you just bury him or her and not want answers? That boy was an amazing person and has family members that you are hurting by writing what you are on here. It just goes to show you that you are just as ignorant as the Defendants supporters in that courtroom. They were throwing high fives after the closing arguments. Thought they had the case won. But I'm sure you think that those actions were ok. Wonder if they are throwing high fives now. No respect. Just think about how you would feel and how your statements make his family feel. In some situations, it is better to keep your opinion to yourself. This would be one. A 13 year old child died. You are right what is this world coming to? Know the whole story before you start taking jabs. Kodi is my nephew and I was there all three days of trial. I know what happened and how many lies were told by the defendants. I also know that the people who are talking this way have not lived their entire life yet. May their children or grandchildren not be faced with such a sad end like Kodi.

-- Posted by RememberKP on Sat, Dec 15, 2007, at 10:49 PM

I would like to respond individually to the comments made by those of you who think they know all the facts. Patrosie, I am a school nurse and instructor of CPR, Kodi was my nephew. As I'm sure you will understand, you should get all the facts before posting a comment. Do you have children? I do and believe me, when they love sports, etc, try telling them they have to sit out or not do something. Kids are kids. He was 13 for God's sake. His rationalization skills were not fully developed, he would have had no concept that his actions by wanting to PLAY would have caused his death. Jed, both parents were responsible, he did have a physician's appointment to find the cause of his collapse, again, get the facts straight. Kelli, you obviously do not have a career in the medical field nor do you have any empathy. When you send your child to school, you are entrusting those officials whole heartedly with their care. Kodi's mother had specifically instructed the coach not to allow Kodi to practice but yet he ignored her request. Kodi cannot be held accountable for his choice to play, he was a child. Hollyann, I can only assume you too are a child yourself based on your comments. You say you are your childs keeper, do you sit in the classroom with your child every day, go to recess with them, go to practices and watch their every move? I'm not going to spend a whole lot of time with you, you are obviously a typical narrow minded person who spouts off at the mouth. The entire reason for the lawsuit was for the truth to come out and it did. 911 not being called immediately.. ever had CPR training? That is the first thing you do after checking for ABC's, If CPR was done properly, why was Kodi's abdomen so distended? This was not a "win" as everyone assumes, we lost our family member as a result of negligence on the part of the school officials. I can only pray this does not happen again to anyone. Living without Kodi and seeing the impact of his death on his parents is very tough. His cousins miss him terribly. I was in the ER that night and saw his little lifeless body, knowing I would never hear "I love you Aunt Missy" again. I lived it and re-lived again this week. The jury did an excellent job, the right verdict was handed down. Any questions, please feel free to respond.

-- Posted by missnurse1987 on Sun, Dec 16, 2007, at 10:25 AM

"Hollyann, I can only assume you too are a child yourself based on your comments. "

So does that mean I should stoop to your level and hurl insults at others? If you find this story so upsetting, STOP READING ABOUT IT! You dont know me or what I have been through. I am just saying I am responsible for my child. I dont blame others for their actions!

-- Posted by madmom61 on Mon, Dec 17, 2007, at 7:43 AM

I too knew Kodi I was not saying anything bad about him! He was a good kid! But the fact still remains they sent him to practice with his basketball shoes. If he had blackout to days before than why didn't someone stay at practice with him. I know more about this case than you think. It is very SAD!

Yes I have children, who play sports. I also played sports and even if they begged my to play they would not! Their life was a gift given to me and sports are just a hobby not a life!

-- Posted by Partrosie on Mon, Dec 17, 2007, at 9:59 AM

This is a tragic event regardless of how you look at it. My heart goes out to those that love Cody. Having said that, if the family wants to stop the second guessing of the public and if they truly went through this legal process so that the truth would come out, then I'm sure they will be donating that money to improve the way that Clay Community Schools handle this type of situation if God forbid this would ever happen to another student. They can make sure that all faculty/staff are trained in emergency procedures. They can use that money to provide everything necessary to come up with a better plan in the event of a medical emergency. What money is left can be donated to Youth for Christ to bring the gospel to the youth of Clay County. Cody was passionate about his relationship with God and shared that openly. Then not only Cody would be proud of what his parents have done in his memory but they can be proud of honoring Cody in such a wonderful and important way.

-- Posted by just thinking on Mon, Dec 17, 2007, at 10:49 AM

that is the best comment I have seen on here. Thank you! I hope others read and follow

-- Posted by madmom61 on Mon, Dec 17, 2007, at 11:46 AM

I think it will be interesting to see if any family members respond. I just thought it would be a good way for them to show that they are not trying to profit from what happened. I hate to sound judgemental but all the money in the world won't ever give them the joy that their son did. They would have been better off to not tarnish his memory. THIS is what people will remember when they hear the name Kody Pipes, not him or the things he accomplished in his short life. How sad.

-- Posted by just thinking on Mon, Dec 17, 2007, at 12:24 PM

Hollyann, I am sorry you are struggling with the comments posted on this page. Perhaps you should examine why you feel this way.

-- Posted by missnurse1987 on Mon, Dec 17, 2007, at 2:01 PM

Kodi (correct spelling by the way) will be remembered for all the things he accomplished in life. You made a good statement "just thinking" then you had to come back one last time and add to the negativity on here. The last statement you wrote, you mentioned that it would be nice to see if the family responded to your slam on this trial being done for a profit. Are you kidding me? Do you think the family put themselves through this nightmare to "profit" off a young man's unnecessary death? You are right, no money in the WORLD will ever bring Kodi back to his family. Money seems to be what is on everyones mind. Kodi's memory is not tarnished. His memory will be forever and his name never forgotten. We will make sure of that.

-- Posted by RememberKP on Mon, Dec 17, 2007, at 8:24 PM

What other reason does this family have to motivate them to pursue this case in the court of law? The federal court saw no need to hear this case. None of the emotional plays brought to this trial could have or would have been made in a federal suit. So the family pursued yet another avenue to acquire something. If it wasn't money, then what was it? Kodi already had an established reputation that no one could tarnish except by this suit. Was it a vendant against someone? Was it to secure a financial future for parents who have not nor probably ever will work? Was it to lessen the guilt of those same two parents for the inadequate job they did and place the blame somewhere else? The truth? The truth is that Kodi's ongoing concern was that these parents would have peace. Is this the kind of peace he would have wanted for them? Had it not been for tremendous grandparents and an extended family, Kodi would never have known what true love and family meant. Now those same people are placed in a horrendous position facing people who hold them responsbile for their daughter's decision which has become an embarrassment for the community.

-- Posted by can't believe it on Mon, Dec 17, 2007, at 11:21 PM

I can say that all these comments are the true opinions of the individuals. Unfortunately, some do not necessarily know the truth about what happened that day. The media doesn't have the time to cover all the facts, nor does the media want to get involved. Please know the truth facts about the case. The money was not awarded as a profit. The money was to supplement the negligence from the school. I almost 100% sure the money will be used for scholarships that will help brighten peoples future. I am 100% sure the money will be used to spread the message of Christ, like he would intend, to overflow the word of God. Donate it to YFC or the school??? Absolutely not. The school should find the money to train their teachers on their own accord so they don't get sued again. That is not the Timbermans responsibility. The money is theirs. The have every right to it. It just shows how behind our school system is and how accountable they are for their actions. Look at the security issues, they are absolutely horrible. Maybe it will take several law suits to get our school system up to date. Don't hate the Timbermans. They are an absolutely wonderful family. I was a friend of Kodi, in fact I was a youth leader of his. We will miss you Kodi...

-- Posted by OntheRight08 on Tue, Dec 18, 2007, at 12:49 AM

People keep saying the teachers did wrong. If I recall the coaches for the basketball team that year where not teachers, they were lay coaches. So please don't bring the teachers into this.

-- Posted by Partrosie on Tue, Dec 18, 2007, at 6:25 AM

OntheRight08: I had said my peace on here until I read your comment. I wanted to thank you so much for your comment. There has not been ONE person on here that has said anything positive and left it at that. Kodi will appreciate that. Im glad you had the opportunity to know my nephew and that he touched your life. Knowing God was his biggest accomplishment, I feel. Reading all this would break his heart. Again, thank you for your kind words and may these negative people catch on to the next story and leave this family alone. The Timberman's are AWESOME people and I am glad to have them in my life.

Partrosie: I don't believe anyone attacked teachers on here. One comment was made about teachers (in addition to others) are responsible for you child when at school. That was not an attack, just a fact. I think we all know that the coach was NOT a teacher. And I think we all know why too.

cant believe it: Not even going to touch your statement. You must be from Clay City.

-- Posted by RememberKP on Tue, Dec 18, 2007, at 7:02 AM

To RememberKP, money is what is on the minds of people because that is what they sued for. They didn't sue to make sure that Clay Community Schools would be court ordered to update their procedures in the event of a medical emergency such as this. THAT would have been applauded by the community. You can't expect that the motive of these parents won't be questioned by their community. I do want to apologize for stating that this will tarnish Kodi's name. You are right, he will always be remembered fondly. But I can almost guarantee that his parents will be remembered for trying to profit from a horrible tragedy.

OntheRight08........."The money was not awarded as a profit. The money was to supplement the negligence from the school. " Could you explain exactly what 'supplement the negligence refers to?

-- Posted by just thinking on Tue, Dec 18, 2007, at 8:35 AM

looks like I am not the only one struggeling with trying to figure this out! Hummm I, like the others, am waiting to see what good comes from the money. I am also trying to figure out who will step up and coach the teams in the future. I can assure you that my husband and I have hung up our whistles. If you can get sued and have to come up with that money.. how is it worth it? i do not want to loose my house and things becasue i can be sued. I feel this has opened up an cn of worms that will never stop. Can I sue the bus company if my child died on a bus? I am sad for this whole event. I feel terrible that a child has died. I feel worse that others will suffer in the future due to this suit.

-- Posted by madmom61 on Tue, Dec 18, 2007, at 9:04 AM

Yes, I will go further with what I meant. I meant the whole purpose for the suit was not the money, it was to show that the school was negligent. The court awarded the family money for the grief they had to encounter from the negligence of the school corporation. By the way, I am from the great north end of the county. I was not attacking the teachers, just commenting on a comment left before mine about where the money should go, and absolutely not fund our school system, the money would go to Northview anyway!

-- Posted by OntheRight08 on Tue, Dec 18, 2007, at 10:17 AM

Thanks for responding. Your statements continue to be a huge contradiction. You claim to be so hurt that the school corporation essentially allowed a student to die because they were so incredibly negligent in getting him medical attention. Yet you are so against the thought of these parents donating some funds to the corporation to avoid this happening again. Maybe it should be up to the corporation to fund that. I just know if it were me and my first concern really was "that no other family have to experience what they have" and I had an extra $425,000 from a lawsuit ruling, I would not hesitate to offer assistance in backing up my words. And then for you to go further and say that the money would go to Northview anyway....#1, the parents could have specified that it go to provide every school in the corporation with a medical procedure and #2, to categorize the worth of a life based on which school they attend is absolutely pathetic. Ronna was given a chance to respond after the ruling was given. If these parents had any thought of donating this money to a scholarship, charity or any other worthwhile organization, that would have been a dandy time to say so. What better way to give honor to Kodi? The bottom line is.....time will reveal their intentions. They can respond quickly with a postive outcome or they can wait until the talk slows down and hope that people forget. One thing we do agree on is that it is their money and what they choose to do with it is up to them. But when they get to the end of their own lives, what do they want to be remembered for?

-- Posted by just thinking on Tue, Dec 18, 2007, at 11:01 AM

In my opinion, they will be remembered as great people who do not let corporations stab them in the back. They will be remembered as brave people that want to prove negligence. The family is great. Maybe a mediocre family would ignore this issue and not take it to court, but I know the family is better than that, and they proved it with this case.

-- Posted by OntheRight08 on Tue, Dec 18, 2007, at 11:14 AM

You totally avoided my comments but that's ok. Like I said, time will expose their character. You can't defend it and I can't condemn it. They will do that for themselves.

-- Posted by just thinking on Tue, Dec 18, 2007, at 12:16 PM

Let me say something based off of the fact that my husband is a Volunteer Fire Fighter and I listen to the scanner and I know the response times of the emergency personel in the fine County. Trans Care is stationed at St. Vincent Clay Hospital. That is if they are not on another run and if that is the case then they have to come out of Terre Haute. It takes them any where from 10-15 mins. to respond to anyone here in town. The fact of that is there are people that work for Trans care that are from Brazil but they don't work in Brazil so the others have to figure out where the call is coming from and then try to find it. So being he was in Clay City and that is a good 30 min drive from Brazil then you add in their 15 min response time anyway then you have 45 mins. Should they have been called earlier I definitely say yes on that one. They should have been called first thing when it happened. Also something about Trans Care that a lot of you don't know they require a fire deptartment be called out before they will respond. Now mind you fire departments down there are all Volunteer and they have jobs just like anyone else so you have to take into account how long it would take one of them to get there also. Do I think that the staff at Schools should be better trained in medical situations? Yes. I also think that coaches need to be even better trained in those situations too. I as a parent would never and will never sue the school for neglect on their part. Some one in here said it best no one will want to coach teams anymore if they can be sued for something like this. This is why there are less people out there willing to help out in a situation like this. If no one would have done anything then they would have been sued but someone did something and they were sued. So where do you draw the line? Someone also made the comment that Kodi will not be proud of these comments well do you think that he is proud that his parents are doing this? Oh that is right he knows none of this. Let the boy rest in peace and drop all of this. Let the parents show us how they are going to put this to good use and make a better name for themselves because in my mind right now they have said nothing about how that money is going to be used so in the minds of all of us they are going to use it for themselves. I am responsible for my kids and if something like this would have been taking place with my son like it or not he would not have been at practice. Life is more important than learning plays.

-- Posted by beautiful978 on Wed, Dec 19, 2007, at 7:54 AM

"Just Thinking": I was just thinking of how much of judgmental person you're coming across as. In some of your first posts it seems you may be a church-goer. Wonder what God's thinking as you're typing your very cruel thoughtless statements. Don't you have anything better to do than sit around and judge people that don't deserve to be judged by you? If there's been any wrong doing let God handle it. Get off your high-horse.

-- Posted by boone78 on Wed, Dec 19, 2007, at 12:02 PM

Amen.

-- Posted by OntheRight08 on Wed, Dec 19, 2007, at 12:24 PM

Also, Trans Care was not even in the county at the time of this incident, just to defend Trans Care.

-- Posted by OntheRight08 on Wed, Dec 19, 2007, at 12:25 PM

I'm not sure what part of this you think I was being judgemental. I'm only saying that time will tell what their intentions are. As far as OntheRight08, I don't see your attitude being any different than mine. You are very defensive about things I've never said and you have not been able to provide answers to questions I've asked you directly about why you are so against them using this money to help ensure this doesn't happen to anyone else. I have never attacked the Timbermans. They are indeed wonderful people. I haven't even 'attacked' the parents! I have only asked that they do something positive with the money they have received to avoid the appearance of profiting from such a tragedy. That's it ~ plain and simple. Not sure how that puts me on a high horse.

-- Posted by just thinking on Wed, Dec 19, 2007, at 1:12 PM

Just Thinking, are you in the Timberman or Pipes family? Hmmm, no? Than don't worry about what they do with the money. That's what I mean...get off your high horse.

-- Posted by boone78 on Wed, Dec 19, 2007, at 3:34 PM

See there is that defensive tone again. My My! Let me bring you up to date with this conversation.........people are questioning why a family would want to receive $425,000 in a court settlement when they continue to say it's not about money. No one is attacking anyone. No one is telling them they HAVE to donate it to anyone or any organization. Suggestions have been made that if they want to back up their words they might want to do something positive with it in Kodi's name. Why does that bring out such a defensive tone in you?

I'm not mad or even upset. I have stated more than once that the money is theirs to do with what they want to. When you file a lawsuit such as this you have to expect comments/questions from your community. A few words from Ronna after the ruling...even if it was through her attorney since she was understandably emotional could have settled this question right then and there.

-- Posted by just thinking on Wed, Dec 19, 2007, at 3:53 PM

Not worry about what the family does with the money? Really? When they continue to say that money can't replace their son? Let's see if in fact it can't. 'Just thinking' makes some very good points; the proof will be in what they do with 'their' money. If they spend it recklessly, the answer will be had. If they donate to make other lives better, that too will answer these innummerable questions the lawsuit has generated.

-- Posted by can't believe it on Wed, Dec 19, 2007, at 5:04 PM

I would hate to imagine the world you are creating, where people sue over a child's death to "profit". That's where the negativity comes from I'm sure. To think that the families of Kodi sued with money on the mind. This lawsuit was not entered into thinking "Man..I wonder how much money we can get from his death! YAY! Let's do it!" Nor did they ask for money, it was awarded to them by the jury. They only asked for the guilty party to be held accountable. This lawsuit was done because the school was negligent and this had to be brought to others attention so another family would NOT have to go through this EVER again. I can guarantee you (or hope) that the school has changed their policies in the four years it has been since Kodi passed away. If this saves another child, in my eyes, this was all worth it. Kodi should be here today. He should be counting down the days to Christmas, turning 18 next month and planning his entrance to college in August. It was agreed and understood by the coach that he was NOT to practice, only walk through. He was practiced and this is where we are today. He had an appointment to see a specialist Thursday but he didn't make it.

I'm not asking anyone to understand or agree with the trial. All I'm asking is for people not to bash Kodi or his parents. They loved their son and will spend their next 50+ years without him. Everyday is a battle for them. Kodi's mother has worked on things since his death. She pushed for AED's to be put in EVERY Fire and Police Department. There is also a scholarship in Kodi's name. Neither one of them have given up on the fight to make Kodi's tragedy known or the fight to keep his memory going. You all act as if this was closure for them and they have been given the money, cashed the check and are on the next flight to Mexico. It breaks my heart to think that there is absolutely no compassion from anyone here. Since the first comment on here, it has been nothing but disrespect and money on the mind. Do you think you will actually care about this next year? Do you honestly think that Kodi will be in your thoughts next year? Doubt it. For his family, he will be, every single day. His passing is something we have to live with for the rest of our lives and to be bashed and snubbed by the people of the community is horrible.

-- Posted by RememberKP on Wed, Dec 19, 2007, at 6:15 PM

I will close with this.....I lost a family member to a tragic traffic accident a few years ago. I understand exactly what this family is dealing with and the daily struggle of acting as if the world is right when someone so much a part of my life is gone. The accident was caused by another party and while it could have been considered negligence, it was certainly not an intentional act. It was an accident. It absolutely could have been completely avoided and my sister be with me today had the other driver been more responsible and reacted to the situation in a different manner. So you see, there are people that can relate to Kodi's family even though they are not related by blood. My parents did not sue the other party involved in my sister's accident. That would not have changed anything. That man was already so deeply affected by what happened that he struggled to get through every day just as we did. My family believes that healing comes from our Lord and Savior alone. He is our Comfort in times of grief. It wasn't until my family embraced this man and forgave him for what he couldn't forgive himself for that a healing began. Our community saw an example of faith and God's love in action. When you see the family forgive, it 'allows' the community to forgive as well. To my knowledge, not one unkind word was spoken to this man as a result of an accident that killed my sister because of forgiveness. It was a much more rewarding result for everyone than had my parents made a decision to take legal action. We all remain friends today and because of the decision that my parents made to forgive this man, today he is living his life for God. We believe the scripture that states that all things work together for good to those who love God. ALL things. Merry Christmas to all and please remember why we celebrate this holiday. My prayers will continue to go out to Kodi's family as they have since this happened.

-- Posted by just thinking on Thu, Dec 20, 2007, at 7:53 AM

What a beautiful testimony. God bless you

-- Posted by madmom61 on Thu, Dec 20, 2007, at 9:47 AM

Wait a minute.....If the School Knew he had a Potentially Fatal Heart Condition...then that means the Parents knew as well.....and they STILL Allowed him to Play Basketball??......

-- Posted by Fitch9392 on Fri, Dec 21, 2007, at 12:35 AM

Allow me to introduce myself. My name is Ronna Dee Timberman, I AM THE EXTREMELY BLESSED AND VERY PROUD MOTHER OF KODI BRADEN PIPES! Unlike others, I DO NOT, NOR WILL I EVER, hide behind a false, or even partial identity. I have,"NOTHING TO HIDE" and "I HAVE TOLD & WILL CONTINUE TO TELL THE TRUTH, WHOLE TRUTH & NOTHING BUT THE TRUTH"! I do not have ill feelings toward you or anyone else! I only feel sadness for you! Everyone seems to "THINK" they know what my son's case is about, when I cannot find even one, "FACT" on here. I was given an opportunity to respond after the verdict, but unlike you, I wasn't thinking,"MONEY, MONEY, MONEY"! Besides, I do not owe you or anyone an explanation of what (WONDERFUL, POSITIVE THINGS BY THE WAY...) would be done with it! It should be known, if you knew as much as you think you do, you would know that changes, such as A NEW & MUCH BETTER EMERGENCY RESPONSE PLAN, WAS a MAJOR DRIVING FORCE IN THIS CASE. SO, WHY ISN'T THE COMMUNTIY APPLAUDING IT, HUH? "FACT", YOU DON'T EVEN COME CLOSE TO KNOWING THE ABSOLUTE & COMPLETE FACTS OF THIS CASE! YOU WOULD THINK PARENTS WOULDN'T HAVE TO FIGHT FOR A BETTER ER PLAN AFTER SUCH A TRAGEDY!! I could go on and on like all of you. But, I refuse. You are not my JUDGE! I ANSWER TO ONE JUDGE, MY FATHER, GOD! GOD KNOWS THE TRUTH OF IT ALL! I FIND A PEACE IN THAT, AS I DO IN HIM! I'm not perfect & will answer to GOD for all of my actions, BAD and GOOD ALIKE, AS WILL YOU! In saying that, IN THIS CASE,"I TELL YOU, I WILL FACE GOD WITH A CLEAR CONSCIENCE." If we cannot trust the safety of our children to teachers, coaches, ALL faculty & staff in our schools, what is there? I pray and will continue praying for you to stop being so quick to cut off your ears, stop being so quick to speak, quick to become angry and pass judgement, but instead, that you will start being, "QUICK TO LISTEN, SLOW TO SPEAK, SLOW TO BECOME ANGRY and PASS JUDGEMENT (May I suggest reading, The Book of James)." Say what you want about me! Your comments do not hurt me personally! They make me SAD! "WERE YOU THERE? WELL, I WAS", "YOU DO NOT KNOW THE WHOLE STORY"! "GOD KNOWS and SO DO I"! MAY YOU ALL HAVE A BLESSED, SAFE & MERRY CHRISTMAS! ALL GLORY TO GOD, TO THE END OF DAYS!!

RONNA DEE TIMBERMAN, MOTHER OF KODI PIPES

"REMEMBER K.P. #35"

"I LOVE YOU MORE THAN THE GALAXY KODI"

-- Posted by Luv4MyLittleMan35 on Sat, Dec 22, 2007, at 6:57 PM

Why is there so much anger in regards to this story? I work in Brazil and as a result of this situation - we have an AED machine and all have been trained in using it.

What the family does with the money is their business - I'm sure givin the option, they'd much rather have Kody back. For those of you that are going to attack my comments negatively, I DO NOT KNOW THIS FAMILY, NEVER MET THIS FAMILY, BUT I DO UNDERSTAND THEIR ACTIONS. The law states that I am responsible for my child when he's with me, then the school should be responsible for the children during those hours.

Get past it - enjoy spending time with your own children as you never know how much time you really have with them.

Merry Christmas and Happy New Year.

-- Posted by dbltrbl on Mon, Dec 24, 2007, at 8:41 AM

The shame should plague the post of most on this site. My heart goes out to the family. If we cant trust the coaches to follow our instructions, because basketball is their priority. Untill you have buried a child that could have been prevented, but someone didnt listen or think it was important enough to follow. Nothing in this world can replace Kodi, but lets hope next time a childs parent gives instruction to a person responsible for them they hear it. My heart goes out to the parents and i hope you do something for you to enjoy a moment or two in Kodi memories for you. YOU deserve it!!!!

No relation, don't even know them.

-- Posted by mamawpam on Wed, Dec 26, 2007, at 5:16 AM

-- Posted by mamawpam on Wed, Dec 26, 2007, at 5:19 AM

So will the parents finally pay proper respect to their child and place a headstone at his grave?

-- Posted by just an observer on Fri, Dec 28, 2007, at 12:42 PM

You know, that's sounds like a good idea! He deserves one and it shouldn't have taken over 4 years to get it done.

-- Posted by jasper1 on Fri, Dec 28, 2007, at 9:49 PM

Alright - look. You people are out of control. What is WRONG with you!? First things first. To all of you money on the brain neophyte Christian wanna-be's. How DARE you call yourselves Christians!? Throwing blame at the family because of a school mistake!? SERIOUSLY!? It breaks down to the fact that the coach knew about Kodi's condition and still allowed him to play. PERIOD. As for that ridiculous comment about him having his basketball shoes at school on the day he passed away. Have you even PLAYED a sport? You kept your shoes for sports where exactly? At home all week? No - you take them with you. For some reason you all seem to forget what you were like at 13. Kodi blacked out - the coach knew about it - and the coach should have most definitely said to himself "Geez - Kodi had a spell a few days ago - I wonder if he's seen a doctor." Instead - he gives him a basketball and says "Here kid - have a blast"? Real smart move. And might I mention - for those of you who feel SOOOOOOOO sorry for the coach in this instance, ignorance MUST be bliss. You think the coach had to pay this $425k to the family? He was covered under the insurance for the school- what PE teacher do YOU know that has that kind of money?! As for you individuals who think the family did this to profit. Unfortunately - some people don't think about the money and the fact that you would even think for one second that a neighbor in your community would try to profit off of the death of their child is SICKENING. You're all saying give money to the schools, give to this foundation, organization what have you. BILLS - medical bills, funeral costs and whatever other expenses may have accrued out of this need to be paid ..unless that is, All of you judgemental "Christians" would like to pay those for the family. Which i'm sure you won't. As for "JUST THINKING" - you and I have issues. Preying on a family to get them to donate money to your organization - SHAME ON YOU. Don't think you're anonymous. And to the person who made the comment about donating the funds to the school. Do you even know what you're writing about? Did you read the article? The school was negligent, but I doubt they will be again. It is not the burden of the families to give money to a school to improve programs. Although, some families should contribute a little more to their school corporations, that isn't the case here. Public schools receive funding from the government, they should've applied for that type of grant, but they didn't. But I guarantee you they apply for the CPR health and safetey funds next year, won't they? I am so tired of you "Christians" (not all christians, just those of you who are obviously more hypocritical than spiritual) sitting around judging these people. Remember while you sit around and cast your stones, not only that those in glass houses SHOULDN'T cast stones, but don't judge less ye be judged. I pity you all. This is a tragic event in a FAMILY and because it's not you that it happened to, you become vultures to the unfortunacy of others. DISGUSTING! This was the life of a 13 year old boy who still had a long life ahead of him and negligence has cut that short. I am not here to place blame on any parties as I do not know the FULL extent of the case, but apparently you ALL think you know everything there is to know about it. Unless you were there throughout the entire experience, keep your mouths shut. For once in your miserable lives, just stop talking. These are your NEIGHBORS! Stop judging them with your non-empathetic words and be there for them. Don't be mad because the school was found at fault, don't place blame on Ms. Timberman. When I went to school as a child I was in their hands. My mother couldn't follow me around the school all day long to make sure I was okay (although there were probably some days she would've liked to). Would you send your 13 year old son ANYWHERE that you didn't assume was safe? Or that their health and safety wouldn't be put first? NO! This family assumed that their child's life was in the hands of a competant adult, when in reality it was not. This is not a bash on the coach, i'm sure he's very sorry for what he did, but throwing high fives during closing arguments and denying responsiblity for your actions doesn't exactly show me that the coach was capable to do much of anything. Does he still have a job there? If so ..let's pray that none of your children have cardiomyopathy or any other life threatening conditions for that matter or you will be receiving all of your hateful disgusting comments back one by one. You ALL owe this family a serious apology for being close minded, faux christians who do nothing but judge and critisize all day long. GROW UP.

-- Posted by OnTheRightSide on Wed, Jan 2, 2008, at 11:07 AM

To "Jasper1" and "Just An Observer": Wow. So you really must not have much to do with your time. Are you now butting into something else that really isn't your business? Why do you feel that this is something that concerns you?

-- Posted by RememberKP on Wed, Jan 2, 2008, at 3:01 PM

NO ONE KNEW, OnTheRightSide. Did you NOT read this story from its beginning?

"Autopsy reports performed by Forensic Pathologist Dr. Roland Kohr determined Pipes died of post-myocarditis with myocardopathy. At the time, the coroner said the condition, which is a weakening of the structure of the heart, would be impossible to determine why Pipes died from it.'

This was not even determined unitl AFTER the autopsy. It looks as though YOU do not know the facts.

And RememberingKP, the family left themselves open to these questions when they decided to sue the school corporation, city, and its entities--anybody and everybody. How can it NOT be anyone else's business when the cause of this death is everyone else's fault?

-- Posted by can't believe it on Wed, Jan 2, 2008, at 7:49 PM

To RememberKP....I have as much time as you do to read all these comments express my self.

I recently attended a funeral service at Maple Grove Cemetary and noticed that Kodi still did not have a headstone. Wouldn't that help in some closure for his family?

-- Posted by jasper1 on Thu, Jan 3, 2008, at 3:37 PM

OnTheRightSide: I agree, this is a tragedy. The loss of a child would be too much. I feel sorry for the Timberman family because they lost someone so dear and precious. However, you seem to place 100% of the blame on the coach. Why? Why was Kodi even at practice? You mean to tell me his mom/family didn't know about his condition? And if not, how was the coach to know? This is a downfall of today's society. Everyone expects SOMEONE ELSE to raise and protect their kids. I agree, the school should be a safe haven for children.....not a replacement for responsible parenting.

-- Posted by just an observer on Fri, Jan 4, 2008, at 2:18 PM

"just an observer": Kodi was not diagnosed with a "condition". Read a little closer through these messages before you start slinging again. There is a lot explained that you seem to not be reading.

"jasper1": I am on here to defend MY family. Have you lost a child in this way and had the community totally bash you and your family? Even the child that is no longer with you? That's what I'm doing on here. Kodi is my nephew. He and his parents do not deserve to be pulled through the mud by people who have no idea what this does to them everyday, let alone the facts of the case. Closure? Do you honestly think there will ever be closure? Do you think the headstone will be their closure? Maybe that's problem. It is completely finalizing the fact the Kodi is gone forever. I'm just amazed at what this board has turned into. I can understand people not agreeing with the case. However, it goes on from there. Attacking them by stating that they had bad parenting skills, that they were responsible for his death, that they have never worked and sought this trial for profit, etc. It's just amazing how people pass so much judgment without even knowing the truth or his parents.

-- Posted by RememberKP on Sun, Jan 6, 2008, at 10:47 AM

To On the right side- Amen!! I applaud you for this comment. As an aunt of Kodi, I am glad to see you do not have the same mentality of some of these people. Thank you and bless you.

-- Posted by missnurse1987 on Sun, Jan 6, 2008, at 4:34 PM

To those people who decided to comment on what I said. I'm not going to debate this with you. Maybe you should read what I wrote again and then check out the facts of what YOU really know. Now - correct me if i'm wrong, but the coach WAS aware that Kodi had a condition. Kodi blacked out at a practice PRIOR to this. I know what Cardiomyopathy is i'm actually very well educated thank you. It has been gone over at LEAST 10 times. .probalby just in this forum alone, that Kodi was at practice to keep up WITH the practices, what was going on and what changes were being made. Nobody realized that Kodi's heart was weak at that point. He was a kid, who LOVED sports none the less. He was NOT supposed to practice. The reason I place the blame on the coach is because he was present for the previous black out, then he STILL let him practice without any questioning of the prior events. I'm not without sympathy for the coach, don't get me wrong. It was a mistake, people make mistakes. All I am saying is that you people should not be crucifying the family because they decided to seek justice for what happened. Maybe all of you should take your children (if you even HAVE children, and if you don't and have negative things to say - shame on you) to school tomorrow and just walk around with them all day long. Don't go to work, don't go get your nails done, or grocery shoppying. Just follow your child around school all day long. Because it sounds to me like that is what you're saying the mother should have done and that isnt' the case at all. It seems to me that you're all mad that your school system was sued and they lost for their negligence. The funny thing is, you're not seeing it all. You took this as a direct blow to the groin because this is a school system in your local area. Who cares? It's not like they suffered a devistating blow like the family did. It hit their insurance WHOOPI. They will go back to their every day school running lives without any issues. Can you say the same for the family? I didn't think so.

-- Posted by OnTheRightSide on Thu, Jan 10, 2008, at 8:28 AM

Who's business is it that Kodi doesn't have a stone on his grave, certainly not anyones but the family. They don't have one yet because they are still devastated by the loss of their most precious family member being gone. Give them time to heal before they get a stone on his grave. We live in a society where we want things done NOW! Well, things don't have to happened immediately. Why hurry with a stone? I'm sure they want to take their time to pick something that is precious to them.

-- Posted by OntheRight08 on Fri, Jan 18, 2008, at 3:26 AM


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