Macfarlane v. Gretna Public Schools

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District Court
Case Summary

S-23-0592 Kim MacFarlane, individually and as parent and next friend to Maddox MacFarlane (Appellant) v. Gretna Public Schools

Appeal from the District Court for Sarpy County, Judge Michael A. Smith

Attorneys: Timothy R. O’Brien and Terry M. Anderson (Hauptman O’Brien, Wolf & Lathrop, P.C. for Appellant) and Charles E. Wilbrand, Grant M. Paschke, and Robert J. Drust III (Knudsen, Berkheimer, Richardson & Endacott, LLP for Appellee)

Civil: Political Subdivisions Tort Claims Act

Proceedings below: Appellee moved to dismiss Appellant’s Second Amended Complaint due to a lack of subject-matter jurisdiction and a failure to state a claim upon which relief could be granted, which the district court sustained.  On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.

Issues: Appellant makes the following assignments of error:  1) The district court erred in finding the activities of Maddox MacFarlane at a school-sponsored practice session constituted recreational activities under the PSTCA; 2) The district court erred in finding the risks that resulted in the injuries to Maddox MacFarlane were “inherent risks” under the recreational activities exception in the PSTCA; and 3) The district court erred in sustaining Appellee’s Motion to Dismiss, and dismissing Appellant’s Second Amended Complaint. 

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