Jacob C. Flynn, left, and John A. Price IV (Submitted photos)After two teens were killed while play Nerf War, a Minnesota college district is being sue by a survivor who claims it fail to protect its students.

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The district knew or should have known college student were play the last-man-standing team game, claims the suit filed this mainly by Alexander Hughes, that is now 21. The suit asks for an ext than $50,000.

Hughes to be the driver the the pickup truck the crashed throughout a Nerf war “kidnapping” 3 years earlier in Lakeville, a city on the southern edge that the Minneapolis subway area.

Hughes suffered fractures to his skull and vertebrae, and a traumatic brain injury bring about permanent paralysis come the left side of his face, follow to the lawsuit.

His Lakeville south High school classmates Jacob Flynn, 17, and also John Price, 18, were eliminated when they to be ejected native the truck. A fourth teen — the just one wearing a seatbelt — had minor injuries.

In February, the parental of Flynn and also Price sue the district for wrongful death, alleging, among other things, the it failed come take procedures to half the game and also warn students and also parents about it.

The lawsuit alleges Nerf War had actually been played by students at Lakeville South and Lakeville north high colleges since around 2013. Teams of students would “kidnap” and also “kill” members of rival groups by shooting them with a Nerf total or stabbing them v a plastic spoon.

Players payment money come play, and the pot saw the team v the critical “surviving” player. In loss 2015, the compensation money for Lakeville south students was much more than $6,000.

The institution district’s main Twitter account “liked” or retweeted posts from the accounts collection up to monitor the activity of the game, the sue states. High institution teachers and also coaches were amongst those following the accounts, and the school newspaper had actually run a story around the game.

Kidnappings walk not take place without a struggle, the lawsuit alleges. That was usual for college student to be chased through institution parking lots.

In the minutes prior to the deadly crash, top top Dec. 4, 2015, Flynn to be “kidnapped” in the parking many after college — surrounding by Hughes, Price and Mason Kohlbeck and forced into Hughes’ truck.

Two of Flynn’s friends started following the van in their very own vehicle. After lock abandoned your pursuit, Hughes’ truck crossed the facility line and went into the opposite lane, then swerved back before rolling 3 or 4 times.

An examination by the Dakota county sheriff’s office and also the Minnesota State Patrol break up that one of the passengers had bumped Hughes, leading to him to veer and also overcorrect.

The investigation uncovered no signs that Hughes was impaired and determined the his truck to be traveling at or close to the rate limit, the Dakota ar attorney’s office said.

The ar attorney’s office decreased to document charges in the case and detailed that the students to be willing entrants in the game.

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Michael Bryant, Hughes’ attorney, said Thursday the the college district knew about Nerf wars “and they didn’t carry out anything.”

When various other schools learned the game was being played, he said, parents to be notified and the colleges were “stronger around keeping up and also saying, ‘Look, we’re no going to have this type of distraction top top campus,’ the same method you execute with alcohol or smoking.”

In an answer to Hughes’ lawsuit, the district denied all liability because that his injuries. A Thursday statement issued by the district notes the crash taken place after the college day and much more than two miles native the school. The accident “was in no means connected to a sanctioned or supported school activity,” the explain read.