Mark Fredrickson and Michael Burke Obtain Summary Judgment in Nerf War Wrongful Death Lawsuit
Attorneys Mark Fredrickson and Michael Burke successfully defeated wrongful-death claims alleging that a school district breached its duty to supervise and warn students and parents about a non-school sanctioned game called “Nerf Wars.” The lawsuit further alleged that the school district failed to execute or adopt anti-Nerf War policies or train on-campus adults to monitor students. The decedents were involved in an off-campus car accident after school let out for the day. In dismissing the case with prejudice, the court found that the school district was entitled to immunity and that the plaintiffs failed to establish a duty of care. It was a case that received much media attention. Discovery was extensive as the case lasted nearly three years. The parties conducted over twenty-five depositions in that time, and every judge in the First Judicial District recused themselves, which required intervention by the Minnesota Supreme Court to appoint a judge in Tenth Judicial District to hear the case. Flynn et al. v. Indep. Sch. Dist. 194, 19HA-CV-18-728 (Oct. 15, 2020).