The Oklahoma Court of Civil Appeals has overturned a Kay County district judge's ruling that dismissed a negligence lawsuit against the Ponca City school district.
The appeals court ruling on Wednesday sends the claim of negligence by the school district back to district court.
The court's ruling also upheld the district court judge's dismissal of a second claim - that of intentional infliction of emotional distress.
The father of an elementary student sued the district after his ex-wife - the child's mother - kidnapped the child after being allowed to have lunch with the student at school.
The child was returned to the father - who had sole custody - about three weeks later.Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.