S-24-0495 Erin-Ann Scott, mother and next friend of Eveya Noelle S. (Appellees) v. Lancaster County School District 0001, d/b/a Lincoln Public Schools, Board of Education of Lincoln, Nebraska, Dr. Steve Joel, and Laurel Heidbrink (Appellants)
Appeal from the District Court for Lancaster County, Judge Darla S. Ideus
Attorneys: Joshua J. Schauer and Haleigh B. Carlson (Perry, Guthery, Haase & Gessford, P.C., L.L.O. for Appellants) and Terry C. Dougherty and Joseph F. Willms (Woods Aitken, LLP for Appellee)
Civil: Nebraska Political Subdivision Tort Claims Act (NPSTCA)
Proceedings below: Appellees filed suit against Appellants under the NPSTCA, and Appellants filed a motion for summary judgment, which the district court denied. 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: Appellants assign the following errors: 1) Upon finding that the act at issue was intentional and done without consent, the trial court erred as a matter of law in its consideration of whether the foam noodle was part of the victim’s person and in not dismissing the case for lack of subject matter jurisdiction; 2) Intentional acts to which the victim did not consent set in motion events that caused the victim to fall to the floor, and the trial court erred as a matter of law in not finding that the claim at issue arose out of a battery for which Appellants retain sovereign immunity; and 3) The aggressor held the foam noodle and made contact with the victim to which she did not consent, and the trial court erred as a matter of law in not finding that the claim at issue arose out of a battery for which Appellants retain sovereign immunity.