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RICHARDSON v. STATE, DEPT. OF ROADS

No. 41235.

263 N.W.2d 442 (1978)

200 Neb. 225

Wayne R. RICHARDSON, Appellant, v. STATE of Nebraska, DEPARTMENT OF ROADS, Appellee. Sharon K. GILLISPIE, Administratrix of the Estate of Judith Ann Richardson, Deceased, Appellant, v. STATE of Nebraska, DEPARTMENT OF ROADS, Appellee.

Supreme Court of Nebraska.

For Supplemental Opinion May 10, 1978.

Attorney(s) appearing for the Case

M. J. Bruckner and John V. Hendry of Marti, Dalton, Bruckner, O'Gara & Keating, and Fredrick L. Swartz, Lincoln, for appellant.

Paul L. Douglas, Atty. Gen., Harold S. Salter, Deputy Atty. Gen., Lincoln, for appellee.

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

For Supplemental Opinion May 10, 1978. see 265 N.W.2d 457.

McCOWN, Justice.

These actions, one for property damage and one for wrongful death, were brought under the State Tort Claims Act to recover damages resulting from a one-vehicle accident allegedly caused by the negligent maintenance of a state highway. The cases were consolidated for trial. The District Court, sitting without a jury, found that the paved portion of...

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