McGINN v. CITY OF OMAHA

No. 83-405.

352 N.W.2d 545 (1984)

217 Neb. 579

Peter J. McGINN, Appellee, v. CITY OF OMAHA, a municipal corporation, Appellant.

Supreme Court of Nebraska.

June 8, 1984.


Attorney(s) appearing for the Case

Herbert M. Fitle, Omaha City Atty., James E. Fellows and Timothy M. Kenny, Omaha, for appellant.

John P. Miller of Miller, Carpenter, Rowen, Fitzgerald & Coe, P.C., Omaha, and Warren C. Schrempp and Peter J. Hoagland of Schrempp, Hoagland & Gray, Omaha, and Melvin M. Belli, San Francisco, Cal., for appellee.

KRIVOSHA, C.J., BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.


PER CURIAM.

This is an action under the Nebraska Political Subdivisions Tort Claims Act against the City of Omaha, Nebraska, to recover damages for the personal injuries sustained by the plaintiff, Peter J. McGinn, when a silver maple tree located upon a city right-of-way fell upon his car during a severe storm. Following judgment for McGinn, the city appeals.

On June 12, 1980, at about 4:15 p.m., the plaintiff was driving in the vicinity of 32d and Center...

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