A young woman from Humboldt who collapsed during a high school band appearance has lost her bid to sue her school for damages.
Back in 2002 when Brittani Rucker was 16, she marched in the Memorial Day parade in Humboldt. Afterwards, her band director told the kids to stand at attention during the Memorial Day speeches. The day was hot and muggy. Rucker fainted and fell on her chin and face.
Two and a half years later, Rucker sued her band director and Humboldt Schools, arguing their negligence caused her injuries. A district court dismissed the case, saying she had failed to file it within two years — the deadline for filing civil suits.
Rucker argues she filed the lawsuit within a year of her 18th birthday and new state law allows 18-year-olds who’ve suffered an injury or loss while they were a minor to file lawsuits. But the Supreme Court points out Rucker’s injury occurred in 2002 — long before that law change — and she doesn’t get to use the new law to pursue her old case.
The decision wasn’t unanimous, however. Three justices on the court disagreed, but four justices sided against her arguments and majority rules.