S-10-0620 Jena Lambert, individually and as guardian and next friend of Oliva Lambert, a minor (Appellant) v. Lincoln Public Schools, Kristine A. Griffin, in her individual and official capacities, and Brian T. Griffin, individually.
Lancaster County District Court, Judge John A. Colborn
Attorneys: John P. Weis (Wolfe Snowden, Hurd, Ahl, Sitzmann, Tannehill & Hahn, LLP, for Appellant)—Joshua J. Schauer and Haleigh B. Carlson (Perry, Guthery, Haase & Gessford, PC, LLO, for Appellee)
Civil: Political Subdivision Tort Claims Act (PSTCA)
Proceedings Below: In a suit arising from a dog bite that occurred on school grounds, the district court granted summary judgment in favor of Lincoln Public Schools (LPS).
Issues: Appellant assigns that the district court erred in granting summary judgment in favor of LPS by 1) determining that LPS owed no duty of care to Appellant; 2) determining that no special relationship existed between Appellant and LPS because the dog bite occurred after classroom instruction concluded; and 3) determining that LPS’s election not to enforce a “no dogs allowed” policy or to continue to monitor playground areas after instruction concluded was a discretionary function and excepted from claims made under the PSTCA.