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WAKENIGHT v. STATE

No. 44550.

326 N.W.2d 52 (1982)

212 Neb. 798

Mark T. WAKENIGHT, Appellant and Cross-Appellee, v. STATE of Nebraska, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

November 5, 1982.

Attorney(s) appearing for the Case

John B. Ashford of Bradford, Coenen & Ashford, Omaha, for appellant and cross-appellee.

Paul L. Douglas, Atty. Gen., and John R. Thompson, Deputy Atty. Gen., Lincoln, for appellee and cross-appellant.

Heard before KRIVOSHA, C.J., McCOWN, WHITE, and CAPORALE, JJ., and BRODKEY, J., Retired.

McCOWN, Justice.

This is an appeal from a decision of the District Court dismissing an action brought by the plaintiff against the State of Nebraska under the State Tort Claims Act. The plaintiff has appealed.

At approximately 8:30 p.m., March 12, 1976, the plaintiff was hitchhiking along the south shoulder of Interstate 80 at a point approximately 3 miles west of the Milford interchange. A Nebraska State Patrol trooper stopped, picked up the plaintiff, informed...

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