A.W. v. Lancaster County School District 0001
Supreme Court of Nebraska
784 N.W.2d 907 (2010)
Relevant factsFree
A.W. (plaintiff), mother of kindergartner C.B., sued Lincoln Public Schools (LPS) (defendant) after C.B. was sexually assaulted in a school restroom. LPS employees had noticed the assailant, Joseph Siems, enter the building and recognized him as a danger, but lost track of his location; C.B. was allowed to use a restroom alone while Siems was still unaccounted for. The district court granted LPS summary judgment, ruling as a matter of law that LPS owed no duty because the assault wasn't foreseeable and LPS took reasonable protective steps.
IssueFree
Whether a court may determine, as a matter of law, whether a foreseeable risk of harm existed at the time of the alleged negligence.