Nicole Tedesco.Photo:Banfield Funeral Home
Banfield Funeral Home
According to the complaint, her daughters “were approaching their mother” when lightning struck, killing Nicole and allegedly “severely” injuring the girls and the family dog.
The lawsuit claims parents are forced to “wait outside for their children during dismissal in an area that is unprotected from rain, thunderstorms, and other extreme weather,” and that “no protection from the elements is available.”
It also states that the incident occurred at a time of year “where heavy rain, thunderstorms and specifically lightning can occur at a moment’s notice,” and suggests lightning “was a foreseeable risk for the parents having to wait for their young children during dismissal.
At the time of the incident, Winters Springs police Chief Matthew Tract said the storm “came upon us fast," according to WKMG.
“It was, ‘Bang!’ just like that. Little bit of rain came, lightning and then it was just pure mayhem after that,” Tract added.
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The school board is accused of negligence and failing to recognize the “clear and present danger” and “creating a dangerous condition” on site.
The Seminole County Board of County Commissioners was also accused of negligence in connection to the case. The lawsuit argues that the board “owed a legal duty” to Nicole and her family “to exercise reasonable care for her safety while she was lawfully on the property.”
PEOPLE reached out to attorneys for the family, the school board and the SCBCC for comment.
Additionally, she was remembered for having “a sweet, gentle soul with a discerning eye and rare ability to add her special touch to her friends and families lives.”
“She was the best mom a kid could ask for,” her daughter Ava wrote in the obituary.
source: people.com
