A.W. v. LANCASTER COUNTY SCHOOL DIST. 0001

No. S-09-485.

784 N.W.2d 907 (2010)

280 Neb. 205

A.W., mother and next friend of C.B., and A.W., appellants, v. LANCASTER COUNTY SCHOOL DISTRICT 0001, also known as Lincoln Public Schools, appellee.

Supreme Court of Nebraska.

July 16, 2010.


Attorney(s) appearing for the Case

Vincent M. Powers, of Vincent M. Powers & Associates, Lincoln, for appellants.

John M. Guthery and Derek A. Aldridge, of Perry, Guthery, Haase & Gessford, P.C., L.L.O., Lincoln, for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, McCORMACK, and MILLER-LERMAN, JJ.


GERRARD, J.

C.B., a kindergarten student at Arnold Elementary School in northwest Lincoln, Nebraska, was sexually assaulted in a school restroom during the school day. C.B.'s mother, A.W., sued the Lincoln Public Schools (LPS) on C.B.'s behalf, alleging that LPS' negligence permitted the assault to occur. The district court, however, entered summary judgment for LPS, reasoning that the assault was not foreseeable.

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