An Omaha Public Schools parent is suing the district following an incident in 2020 when her son was hit by a car while crossing the street.
Sara Mortensen filed the suit on Nov. 10 against the district, City of Omaha and driver Tanjeneia Bass, who was not at fault in the incident, according to police reports.
The suit alleges there were no teachers or other personnel monitoring the crosswalk on North 108th Street near Prairie Wind Elementary around 8:18 a.m. Nov. 13, 2020. Mortensen’s 7-year-old son was walking to the school to attend its breakfast program, which starts at 8:25 a.m.
Safety patrol members — older students designated to help others cross the street — don’t start until 8:40 a.m., according to the Prairie Wind handbook. The school’s early bell rings at 8:30 a.m. and the tardy bell is at 8:50 a.m.
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The lawsuit claims the 7-year-old pressed the pedestrian crosswalk button before crossing North 108th Street. While walking through the crosswalk, he saw Bass’ car approaching and tried to run back to the sidewalk, but didn’t get there in time before the car hit him.
Mortensen’s son suffered a broken leg and other injuries that needed surgery, according to the suit.
Police reports said Bass wasn’t at fault because the 7-year-old illegally entered the crosswalk before the traffic light changed from green. Bass also swerved to try to miss the student before hitting him.
The suit is seeking damages of at least $50,000 each from Bass, OPS and the City of Omaha, along with payment for any attorney fees.
The case began as a tort claim in 2021 before transitioning to a lawsuit that was filed this month after no parties made a final disposition of the claim, according to Mortensen’s attorney, Douglas Novotny.
Novotny said in a 2021 letter to Shavonna Holman, OPS board president, and Elizabeth Butler, city clerk, that both the school district’s and city’s negligence contributed to the incident.
“The school does not have safety patrol or teachers help these children attending the breakfast program to cross the busy streets around the school,†Novotny wrote. “OPS has a duty to take reasonable and ordinary measures to keep the students, like (Mortensen’s son), safe.â€
Novotny said in the tort claim that the student remembered pressing the pedestrian light button and it might have malfunctioned.
“If the lights or crosswalk button failed, then the City of Omaha would also share negligence,†he wrote. “There is evidence of the lights and/or button malfunctioning in the past as can be attested by Ms. Mortensen on past trips to the intersection and reported incidents to the City of Omaha traffic division.â€
The suit also alleges that OPS and Prairie Wind Elementary staff were aware of issues with the pedestrian crosswalk button not working properly.
“While we are limited in what we can say directly related to legal proceedings, we care deeply about the students we serve and have worked to support the young person who was injured,†said Bridget Blevins, spokeswoman for OPS.
The City of Omaha, Novotny and Mortensen could not be reached for comment.