MacFarlane v. Sarpy Cty. Sch. Dist. 77-0037

Summary

The court held that dismissal of the student's negligence action was premature because the complaint plausibly alleged that inadequate padding, supervision, and safety protocols contributed to the injuries, rather than the injuries necessarily resulting solely from an inherent risk of pole vaulting. The recreational-activity exemption therefore could not be applied conclusively without a factual record. The court reversed and remanded for further proceedings.