Executive Summary
- Mother of Emerson Kate Cole voluntarily dismissed the wrongful death lawsuit against AISD on Dec. 2, 2025.
- The lawsuit alleged school staff failed to administer epinephrine per the student’s 504 plan during a 2023 allergic reaction.
- The case was dismissed “without prejudice,” meaning it technically could be refiled, though this often indicates a settlement.
- A federal judge had previously denied the school district’s motion to dismiss the case earlier in the year.
AMARILLO, Texas — The mother of Emerson Kate Cole has voluntarily dismissed a wrongful death lawsuit filed against the Amarillo Independent School District (AISD) stemming from the student’s death following a severe allergic reaction at school in 2023. According to court documents filed on December 2, 2025, the plaintiff moved to dismiss the case without prejudice, indicating the family no longer wishes to pursue the matter in federal court at this time.
The legal action, which had been transferred to federal court in 2024, centered on allegations regarding the school district’s response to the medical emergency. According to the lawsuit, Cole, a student at Lorenzo de Zavala Middle School, suffered an allergic reaction after ingesting pizza during lunch. The complaint alleged that school staff failed to administer epinephrine as mandated by Cole’s 504 plan, instead providing Benadryl and a breathing treatment.
Filings state that the student vomited the oral medication and subsequently collapsed upon her grandmother’s arrival at the school. The lawsuit detailed that the grandmother performed CPR until paramedics arrived. Cole was transported to a hospital where she died two days later. Earlier this year, a federal judge had denied a request by AISD to have the lawsuit dismissed, allowing the proceedings to continue until this voluntary withdrawal.
Legal Procedural Overview
The filing of a motion to dismiss “without prejudice” is a procedural mechanism that technically preserves a plaintiff’s right to refile the claim within the statute of limitations. In the context of civil litigation against public entities, however, such a voluntary dismissal often signals that a settlement has been reached between the parties outside of the public court record or that a strategic decision has been made to conclude the litigation. This development effectively halts the federal inquiry into the district’s adherence to emergency medical protocols for the specific case.
