In a significant turn of events, the family of 10-year-old Emerson Kate Cole has moved to dismiss their wrongful death lawsuit against the Amarillo Independent School District (AISD). The filing, submitted on December 2, 2025, requests a dismissal without prejudice, leaving the door open for the family to refile the case in the future. As of Wednesday morning, the Northern District Court of Texas has not yet ruled on that motion.
The lawsuit stemmed from a heartbreaking incident on January 17, 2023, when Emerson—known for her kindness and bright spirit—experienced a severe allergic reaction while eating lunch at Lorenzo de Zavala Middle School. According to the complaint filed by her mother, Chelsea Kroger Acosta, Emerson took a bite of pizza before going into anaphylaxis. Her 504 plan specified that she should receive epinephrine immediately in such emergencies, but the lawsuit claimed the school failed to administer that lifesaving medication.
Instead, staff reportedly gave her Benadryl, which she vomited, and provided a breathing treatment that did not stop the reaction from escalating. When Emerson’s grandmother arrived at the school, the young girl collapsed. Her grandmother performed CPR until paramedics arrived. Emerson was rushed to the hospital, but tragically, she was pronounced brain dead two days later, on January 19.
Acosta initially filed the lawsuit in 2024, claiming violations of the Americans with Disabilities Act (ADA), negligence, and procedural failures by AISD staff. The case was first filed in the 108th District Court before being moved to federal court—the U.S. District Court for the Northern District of Texas. In April 2025, the federal court denied AISD’s attempts to dismiss the case, and a trial date had been set for June 22, 2026.
Given this history, the sudden request to dismiss the lawsuit raises questions. The court documents do not mention a settlement or agreement, leaving the reason for the withdrawal unclear. What is clear, however, is that the dismissal is voluntary and without prejudice, meaning the family legally preserves the right to bring the lawsuit back.
Though the legal case may be paused, Emerson’s legacy is not. In fact, her story has already inspired legislative change. The Emerson Kate Cole Act, unanimously passed by the Oklahoma Senate in 2025, aims to prevent tragedies like hers. Emerson’s father, Stevan, and sister, Trinity, stood at the Oklahoma State Capitol to witness the bill’s passage.
The act now requires school staff to call 911 immediately after giving a student an epinephrine injection and to notify parents as soon as possible. It also mandates annual training for teachers and school workers on recognizing anaphylaxis and properly administering an EpiPen. These simple, common-sense procedures could make the difference between life and death.
While the lawsuit’s future remains uncertain, Emerson’s impact continues to grow. Her story has opened crucial conversations about food allergy awareness, emergency preparedness, and accountability in schools. And most importantly, her life is now helping protect countless other children across the region.
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