Lambert v. Lincoln Public Schools

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Lambert v. Lincoln Public Schools

Case Number
S-19-0620
Call Date
March 5, 2020
Case Time
9:30 AM
Court Number
Lancaster
Case Location
Creighton
Court Type
District Court
Case Summary

S-10-0620 Jena Lambert, individually and as guardian and next friend of Oliva Lambert, a minor (Appellant) v. Lincoln Public Schools, Kristine A. Griffin, in her individual and official capacities, and Brian T. Griffin, individually.

Lancaster County District Court, Judge John A. Colborn

Attorneys:  John P. Weis (Wolfe Snowden, Hurd, Ahl, Sitzmann, Tannehill & Hahn, LLP, for Appellant)—Joshua J. Schauer and Haleigh B. Carlson (Perry, Guthery, Haase & Gessford, PC, LLO, for Appellee)

Civil: Political Subdivision Tort Claims Act (PSTCA)

Proceedings Below: In a suit arising from a dog bite that occurred on school grounds, the district court granted summary judgment in favor of Lincoln Public Schools (LPS).

Issues: Appellant assigns that the district court erred in granting summary judgment in favor of LPS by 1) determining that LPS owed no duty of care to Appellant; 2) determining that no special relationship existed between Appellant and LPS because the dog bite occurred after classroom instruction concluded; and 3) determining that LPS’s election not to enforce a “no dogs allowed” policy or to continue to monitor playground areas after instruction concluded was a discretionary function and excepted from claims made under the PSTCA.

Schedule Code
SC