Local News

Actions

Judge denies city's motion to dismiss civil lawsuit filed by McKenzie Scott's family for wrongful death

Judge denies city's motion to dismiss civil lawsuit filed by McKenzie Scott's family for wrongful death
Posted
and last updated

LAS VEGAS (KTNV) — The lawsuit against the City of Las Vegas will continue in the courts after a judge denied the motion to dismiss regarding the family of McKenzie Scott suing for wrongful death.

WATCH the full court hearing here:

FULL COURT HEARING: Judge denies city's motion to dismiss lawsuit in Arbor View student's death

Scott was struck and killed on May 2, 2025, while crossing Buffalo Drive in a marked crosswalk outside Arbor View High School. She was going to campus to pick up her cap and gown ahead of graduation.

The driver, Keenan Jackson, later pleaded guilty to DUI resulting in death and was sentenced to eight to 20 years in prison after prosecutors said he was driving with a blood alcohol level more than three times Nevada’s legal limit.

Now, Scott’s family is pursuing a separate civil lawsuit against the City of Las Vegas and the Clark County School District, alleging the entities failed to address known safety concerns at the crosswalk before the crash.

According to court filings, the family argues city officials had prior knowledge of safety issues at the crosswalk after receiving reports of speeding and “near misses” involving pedestrians in the months leading up to Scott’s death.

The lawsuit alleges the City failed to install additional safety measures despite those warnings. The family also points to safety improvements made after the crash, including pedestrian-activated flashing beacons, enhanced signage and hiring crossing guards, as evidence changes could have been made sooner.

The City is asking the judge to dismiss the lawsuit, arguing Nevada law protects cities from being sued over decisions about road design and traffic safety improvements. Attorneys for the City also argue the crash was caused by Jackson’s criminal actions, not by anything the City did or didn’t do.

After hearing arguments from both parties, the judge decided to deny the City's motion to dismiss without prejudice.

This is a developing report.

PREVIOUS COVERAGE