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School district settles negligent injury lawsuitTell North Platte what you think
 

Three-and-a-half years ago, Daisie Tysor was a junior at North Platte High School when she was allegedly beaten by an older girl.

Tysor and her mother, Julie Madow, filed suit against the school district, asking for up to $1 million in damages.

On Monday, the school district announced that the suit was finally settled. Tysor will receive $150,000, which will be paid by the district’s insurance company, Alicap.

The school board was informed of the settlement during a busy, two-hour regular meeting. The lump-sum payment means the school district has no further liability. No other details were released.

It started about 1 p.m. on Sept. 11, 2013, when two girls in a car tried to run into Tysor as she walked through the high school parking lot. North Platte Police investigator John Deal said the car stopped, backed up and then sped toward Tysor, who managed to jump out of the way.

The car was driven by Kirsten Collins, then 19. Breanna Sandoval, a high school senior, was a passenger, according to the facts laid out in the lawsuit.

Collins and Sandoval also threatened Tysor, who went in to the high school office and reported what happened, according to the claim. Tysor talked to a staff member and the principal was made aware of it.

Tysor was told the police officer assigned to the high school was not available at the time. She claimed that no medical assistance was offered.

Later that day, Tysor’s mother, Marlow, and Tysor met with high school staff and detailed their concerns about Collins and Sandoval, the claim says.

Based on film from a security camera focused on the parking lot as well as witness reports, Collins was charged the next day with attempted second-degree assault.

But still the confrontations continued.

Sandoval verbally confronted and threatened Tysor in a classroom the next day in the presence of a teacher. Tysor voluntarily left the classroom and went to the office, where she reported her concerns to the staff, including the assistant principal, but again she was told the police officer was not currently there, she claimed in the lawsuit.

She went ahead and left for lunch, which was her custom. Juniors and seniors could leave the high school during their lunch time.

When Tysor got to the parking lot that day, Sandoval allegedly jumped her and beat her up. This time, Tysor was badly injured, according to her attorney, Patrick Driver of the Lapin Law firm in Lincoln.

The school district is required by state law as well as the school handbook to take steps to prevent assaults and bullying.

The claim asserted that school officials were shown three times that Tysor was in danger, but negligently failed to protect her, even though she was a minor in the care of the school.

The claim said the school failed to have an effective anti-bullying policy, that high school officials failed to follow the provisions of the high school handbook on bullying and assault, and failed to properly train employees in responding to bullying and threats of violence. 

In response, the school district said Tysor refused the assistance offered by North Platte High School’s personnel, refused to stay in school for lunch, refused to be walked to her car by high school personnel, and refused to leave early for lunch.

Tysor reduced her claim for cash damages to actual medical costs of $42,000, but claimed there were long-lasting medical issues, including trauma, and asked for what the court deemed appropriate.

The court arguments stop at that point. No more details are expected to be publicly revealed.

Sandoval was charged with first-degree assault for “intentionally and knowingly causing bodily harm” to Tysor. Several witnesses were listed on court records, including other students, physicians, nurses, school officials and at least one police officer.

Sandoval eventually served 98 days in jail for the crime, after the charge was reduced to third-degree assault, according to sheriff’s records.

Collins was not jailed for the assault of Tysor, but she was soon convicted of another assault that occurred Oct. 18, 2013. Police said she hit and choked a 14-year-old girl. Collins ended up serving 104 days in the Lincoln County jail for that assault, according to sheriff’s records. 


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The North Platte Bulletin - Published 4/10/2017
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