Larsen v. Sarpy Cty. Sch. Dist. No. 77-0027

Summary

The Nebraska Supreme Court reversed the dismissal of a negligence action arising from an autistic child’s disappearance from school and remanded for further proceedings. The court held that the complaint and reasonable inferences did not establish, at the pleading stage, that the Political Subdivisions Tort Claims Act’s due care or discretionary function exemptions barred the claims, and that the complaint plausibly alleged negligent infliction of emotional distress. The court also held that the district court could not rely on an unrecorded probate proceeding to reject the emotional-distress claim.