CORTES v. STATE

No. 39193.

218 N.W.2d 214 (1974)

191 Neb. 795

Hernan CORTES, Special Administrator of the Estate of David Cortes, Deceased, Appellant, v. The STATE of Nebraska, Appellee.

Supreme Court of Nebraska.

May 16, 1974.


Attorney(s) appearing for the Case

Fiedler & Fiedler, Donald B. Fiedler, Omaha, for appellant.

Clarence A. H. Meyer, Atty. Gen., Harold S. Salter, Deputy Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON, and BRODKEY, JJ.


CLINTON, Justice.

This is an action brought against the State of Nebraska under the State Tort Claims Act, sections 81-8,209 to 81-8,235, R.R.S.1943, because of the death by drowning of David Cortes, age 15. The drowning occurred on August 13, 1970, in lake No. 2 at the Louisville State Recreation Area in Cass County, Nebraska. This is an area operated by the Nebraska Game and Parks Commission.

The principal claim of negligence relied upon by the plaintiff...

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