Cerny v. Cedar Bluffs Junior/Senior Public School

Summary

The Nebraska Supreme Court affirmed the dismissal of Brent Cerny’s personal injury action against Cedar Bluffs Junior and Senior High School under the Political Subdivisions Tort Claims Act. The court held that the applicable standard of care was that of a reasonably prudent person holding a Nebraska teaching certificate with a coaching endorsement. It concluded that the district court’s findings that the coaches evaluated Cerny appropriately and did not act negligently were supported by the evidence and were not clearly wrong.

Holdings

1. The district court, as the fact finder, was entitled to determine the weight to be given to the qualified expert's testimony, and the appellate court would not reweigh that evidence.
2. The applicable standard of care was that of a reasonably prudent person holding a Nebraska teaching certificate with a coaching endorsement.
3. The district court's findings that the coaches evaluated Cerny at intervals, assessed his symptoms, and reasonably permitted him to reenter the game were supported by the evidence and were not clearly wrong.
4. The School was not negligent because its coaches' conduct comported with the applicable standard of care.

Questions Presented

1. Whether the district court improperly considered and credited the testimony of the School's expert witness regarding the conduct required by the applicable standard of care.
2. Whether the district court correctly determined what conduct was required of a reasonably prudent person holding a Nebraska teaching certificate with a coaching endorsement when a player sustains a possible head injury.
3. Whether the district court clearly erred in finding that the coaches' evaluation of Cerny and decision to allow him to reenter the game conformed to the applicable standard of care.
4. Whether the district court clearly erred in finding that the School was not negligent.

Disposition

affirmed