BUTORAC THROUGH MAGGART v. DIXON COUNTY

No. 87-595.

441 N.W.2d 620 (1989)

232 Neb. 598

Brian T. BUTORAC, also known as Brian T. Maggart, Through his Mother and Next Friend, Rose M. MAGGART, Appellant, v. DIXON COUNTY, Nebraska, a Political Subdivision, Appellee.

Supreme Court of Nebraska.

June 23, 1989.


Attorney(s) appearing for the Case

David E. Vohs of Bikakis, Vohs, Storm & Arneson, Sioux City, Iowa, for appellant.

Larry E. Welch and Susan E. Fieber of Gross, Welch, Vinardi, Kauffman & Day, P.C., Omaha, for appellee.

BOSLAUGH, CAPORALE, and GRANT, JJ., and SPRAGUE and MULLEN, District Judges.


SPRAGUE, District Judge.

This is an action brought under the Political Subdivisions Tort Claims Act. The trial court, at the close of plaintiff's case and again at the conclusion of all the evidence, overruled defendant's motions to dismiss and took the case under advisement for several months. Subsequently, the court entered an order stating that "the motion of the Defendant, Dixon County, to dismiss Plaintiff's case should be and hereby is sustained and judgment...

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