Thomas v. State of Nebraska

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Thomas v. State of Nebraska

Case Number
S-16-0480
Call Date
March 2, 2017
Court Number
Nemaha
Case Summary

S-16-0480, LaTanya Thomas, Special Administrator of the Estate of Tyler Thomas, LaTanya Thomas and Kevin Semans (Appellants) v. Board of Trustees of the Nebraska State Colleges and Joshua Keadle

Nemaha County, Judge Daniel E. Bryan, Jr.

Attorneys: Ronald F. Krause, Patrick B. Donahue (Cassem Tierney Adams Gotch & Douglas) (Board of Trustees) --- Vincent M. Powers (Vincent M. Powers & Associates) (for Appellants)

Civil: Wrongful death

Proceedings below: The trial court granted the Board of Trustee's motion for summary judgment, dismissing all claims against the College finding there was insufficient evidence upon which a fact finder could find the harm to Tyler was foreseeable, and the evidence did not support a finding of a duty for a college to protect students from violent acts performed by another student off campus.

Issues: 1. The District Court erred in granting the College's Motion for Summary Judgment; 2. The District Court erred in failing to find that one or more genuine issues of material fact were in dispute; 3. The District Court erred in holding that plaintiff presented no evidence that any of the violent acts perpetrated by Keadle against Tyler occurred on the Peru State College Campus; 4. The District Court erred in holding that the college could not be liable for harm to Tyler that occurred off campus; 5. The District Court erred in finding that the Appellant had not produced evidence sufficient to raise a genuine issue of material fact on the element of foreseeability, particularly in light of the fact that the appellee's director of security recommended that Keadle be removed from the school; 6. The District Court erred in failing to give the non-moving party the benefit of all reasonable inferences and therefore found erroneously that the College's response to the facts of which it had actual knowledge did not rise to the level of negligence; 7. The district court erred in finding as a matter of fact that the kidnapping, rape and murder of Tyler Thomas by Joshua Keadle "was not foreseeable by the Board or any of its employees (Peru State College)."