A.W. v. Lancaster County School District 0001
Nebraska Supreme Court
784 N.W.2d 907 (2010)
- Written by Angela Patrick, JD
Facts
Lancaster County School District 0001 (the district) (defendant) employees saw Joseph Siems enter an elementary school, noted that he posed a danger, and attempted to determine his purpose at the school. However, the employees failed to keep track of Siems. While Siems was at large within the school, kindergarten student C.B. was permitted to use a school restroom alone, where Siems sexually assaulted him. C.B.’s mother, A.W. (plaintiff), sued the district, alleging it had negligently allowed the assault to occur. The district moved for summary judgment. The district did not dispute that it owed a duty of reasonable care to its students to supervise and protect them. The disputed issues were whether the assault had been a foreseeable risk and whether the district had acted reasonably to protect C.B. The district court granted summary judgment for the district, ruling that, as a matter of law, the assault had not been foreseeable and the district had taken reasonable steps to protect students. A.W. appealed.
Rule of Law
Issue
Holding and Reasoning (Gerrard, J.)
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