Lambert v. Lincoln Public Schools
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In this tort action, the Supreme Court affirmed the judgment of the district court granting summary judgment for Lincoln Public Schools (LPS), holding that LPS was immune from suit under the discretionary function exception to the Political Subdivisions Tort Claims Act (PSTCA), Neb. Rev. Stat. 13-901 to 13-928.
Plaintiffs, a mother and her minor child, filed this tort action seeking damages for injuries they received when they were bitten by a dog on a public school playground after students had been dismissed for the day. Plaintiffs alleged that LPS was negligent in failing to enforce the school's "no dogs" policy and in failing to supervise the playground area after classroom instruction ended. The district court granted summary judgment in favor of LPS, concluding that LPS had no legal duty and that Plaintiffs' claim was barred under the discretionary function exception to the PSTCA. The Supreme Court affirmed, holding that LPS was immune from Plaintiffs' claims under the discretionary function exception of the PSTCA.
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