S-24-0384 Tammi Larsen, in her individual capacity, and as natural parent and legal guardian of Ryan L., a minor child (Appellant) v. Sarpy County School District No. 77-0027, d/b/a Papillion LaVista Community School District, and Jane Does 1-3, individually and in their official capacities (Appellees)
Appeal from the District Court for Sarpy County, Judge George A. Thompson
Attorneys: Michael B. Duffy and Justin W. Pritchett (Fraser Stryker PC LLO. for Appellants) and Charles E. Willbrand, Robert J. Drust, III, and Anthony M. Budell (Knudsen, Berkheimer, Richardson & Endacott, LLP for Appellees)
Civil: Nebraska Political Subdivision Tort Claims Act (NPSTCA)
Proceedings below: Appellants filed suit against Appellees under the NPSTCA, and Appellants filed a motion for summary judgment. After a hearing, the district court sustained Appellees’ motion for summary judgment and dismissed the suit. Appellant filed a petition to bypass the Nebraska Court of Appeals, which the Nebraska Supreme Court granted and ordered this case to be transferred to its docket.
Issues: Appellant assigns the following errors: 1) Ruling that the Appellants’ claims were barred by the NPSTCA’s due care exception pursuant to Neb. Rev. Stat. § 13-910(1); 2) Ruling that the Appellants’ claims were barred by the NPSTCA’s discretionary function exception pursuant to Neb. Rev. Stat. § 13-910(2); 3) Ruling that the Appellants’ claims were barred by both the NPSTCA’s due care exception and discretionary function exception simultaneously; 4) Ruling that issue preclusion estopped the court from presuming Ryan’s death; and5) Ruling that the complaint failed to state a claim for NIED.