6 N.W.3d 527
Neb.2024Background
- Kim MacFarlane, on behalf of her minor child, sued Sarpy County School District (Gretna Public Schools) for negligence under the Political Subdivisions Tort Claims Act (PSTCA).
- The student was injured during a school pole-vaulting practice after falling onto an allegedly unpadded section of the pole-vaulting area.
- The complaint alleged negligence in failing to provide proper padding and safety protocols and in improper supervision.
- The district court dismissed the complaint, finding the PSTCA’s "recreational activity" exemption barred the claim due to sovereign immunity.
- MacFarlane appealed, arguing the exemption did not apply to a school-supervised athletic practice and that the injury was not an inherent risk of the activity.
- The Nebraska Supreme Court reversed and remanded, finding that a plausible claim remained outside the scope of the exemption based on the pleadings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether school pole-vaulting practice is a "recreational activity" under PSTCA | Practice was a school-sponsored event, not a leisure/recreational activity | Pole-vaulting is expressly included as an athletic contest, thus recreational | Assumed arguendo to be recreational, but not dispositive due to pleadings |
| Whether the student's injury stemmed from an "inherent risk" of the activity | Injury was due to school’s negligence (improper padding, supervision), not an inherent risk | Falling is an inherent risk of pole-vaulting regardless of potential negligence | Negligent acts alleged may exist outside inherent risks – sufficient to proceed |
| Whether the recreational activity exemption bars the negligence claim | Exemption does not apply; duty arises from school-student relationship | Exemption applies: no fee charged, activity recreational, injury from inherent risk | Dismissal was premature; the exemption may not bar the claim on facts pled |
| Motion to dismiss for lack of jurisdiction/proper claim | Sufficient facts pleaded for plausible claim | No jurisdiction; claim barred by sovereign immunity exemption | Standard for plausibility met; case must move forward |
Key Cases Cited
- McIntosh v. Omaha Public Schools, 249 Neb. 529 (Neb. 1996) (school sports clinic injury not covered by recreational use act; school can owe duty of care)
- Crider v. Bayard City Schools, 250 Neb. 775 (Neb. 1996) (school can be liable for permitting known negligence on its premises)
- Norman v. Ogallala Pub. Sch. Dist., 259 Neb. 184 (Neb. 2000) (schools have duty to supervise students nonnegligently)
- Hearon v. May, 248 Neb. 887 (Neb. 1995) (legal duties apply to school sporting activities)
- Bronsen v. Dawes County, 272 Neb. 320 (Neb. 2006) (limited application of recreational liability acts to private landowners)