Ryan Larsen
LINCOLN, Neb. – The Nebraska Supreme Court has reinstated a lawsuit over the disappearance of Ryan Larsen, a boy who was 11 years old when he went missing after walking out of school in 2021.
The court this month reversed the dismissal of mother Tammi’s lawsuit against the Sarpy County School District, which is charged with negligent supervision. Ryan was left unattended on May 17, 2021, despite medical issues like autism, Tourette’s and seizures, the lawsuit says.
His mother says he was unable to identify and avoid dangerous situations or make rational choices, and he had walked off school grounds at least three times in the past five months.
Still, staff at La Vista West Elementary School left him alone in a classroom that day, and he has not been seen since. The complaint says it is “more likely than not” that Ryan has died, but a Sarpy County judge tossed claims of negligent supervision and negligent infliction of emotional distress.
Judge George Thompson ruled staff at the school leaving Ryan alone was a “matter of circumstances and choice,” triggering a discretionary function exemption that protected the district from the lawsuit. Thompson also said deciding if Ryan could be left alone was part of an individualized education program (IEP) staff followed.
“It is not clear to us how the trial court made any of these factual findings,” Justice Stephanie Stacy wrote. “The complaint alleged no facts about the contents or requirements of Ryan’s IEP, and the IEP was neither attached to the complaint nor offered as an exhibit.
“Moreover, the complaint did not allege that the school district negligently failed to implement or execute Ryan’s IEP; instead, it alleged the school district negligently failed to supervise Ryan, despite knowing that he was a child with significant disabilities who had a propensity to wander off the school grounds if left alone.”
Justin Pritchett and Michael Duffy of Fraser Stryker represent Tammi Larsen, along with Sean Conway of Chandler Conway. Their appeal overturned Judge Thompson’s determination that the complaint did not allege a seriously injured victim because the probate court has not entered an order that says Ryan has died.
The claim for emotional distress, the Supreme Court said, is not based on an allegation that Ryan is deceased.
“The complaint alleged Ryan was unable to care for himself, could not regulate proper eating and drinking, and was unable to identify and avoid dangerous situations,” Justice Stacy wrote.
“It was also alleged he could not swim and was incapable of making rational choices. …Larsen has alleged sufficient facts to state a plausible claim that Ryan suffered a serious injury.”