## Facts

- Robbie L. Johnson, a first-grade student at a Millard School District elementary school, participated in a music-class game, “London Bridge,” involving children linking arms, enclosing another child, and rocking the child back and forth.
- The teacher demonstrated the game, gave general warnings against rough behavior, and then allowed students to play without close, direct supervision.
- Robbie was the first child placed inside the “bridge.” He was swung “fast and hard,” asked classmates to stop, and was then thrown into a bookcase when the children released their grip.
- Robbie suffered a head laceration and later reported continuing headaches and vision problems.
- Robbie, through his mother, sued the School District under the Nebraska Political Subdivisions Tort Claims Act, alleging negligent supervision by the teacher.
- After a bench trial, the district court found the teacher failed to provide adequate supervision at the outset of a new, physical-contact activity and entered judgment for Robbie for $21,226.10.

## Issues

1. Whether the evidence supported a finding that the teacher breached the standard of reasonable care in supervising first-graders during the “London Bridge” activity.
2. Whether any breach of supervisory duty was a proximate cause of Robbie’s injuries.
3. Whether the trial court properly admitted and relied on expert testimony regarding the standard of care for classroom supervision.

## Decision

- The Nebraska Supreme Court affirmed the judgment for Robbie.
- The court held the trial court was not clearly wrong in finding negligent supervision, given the first-time nature of the activity and its foreseeable risks without close monitoring at the start.
- The court held proximate cause was supported because the injury was a natural and probable result of inadequate supervision and the children’s conduct was foreseeable rather than an efficient intervening cause.
- The court held the trial court did not abuse its discretion in admitting expert testimony on the applicable supervision standard and could credit that testimony in finding breach.

## Legal Principles

- In bench trials under the Nebraska Political Subdivisions Tort Claims Act, appellate review is deferential: factual findings are upheld unless clearly wrong, and evidence is viewed in the light most favorable to the prevailing party.
- Negligent supervision in a school setting is assessed under ordinary negligence: whether the educator acted as a reasonably prudent person would under similar circumstances.
- Nebraska proximate cause requires: (1) but-for causation, (2) natural and probable result, and (3) no efficient intervening cause; foreseeable student misconduct may not break the causal chain.
- Expert testimony is admissible when specialized knowledge will assist the trier of fact and the witness is qualified; trial courts have discretion to admit such testimony on professional supervision standards.

## Conclusion

The court upheld liability against the school district for a teacher’s failure to closely supervise first-graders during the initial rounds of a new, physical classroom game, concluding that the inadequate supervision foreseeably led to the injury and that expert testimony properly informed the standard of care and breach.


Johnson v. Sch. Dist. of Millard, 253 Neb. 634, 573 N.W.2d 116 (Neb. 1998)