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KONCABA v. SCOTTS BLUFF COUNTY

No. 88-692.

464 N.W.2d 764 (1991)

237 Neb. 37

J.D. KONCABA, Personal Representative of the Estate of Adolph Lee Koncaba, Deceased, Appellee, v. SCOTTS BLUFF COUNTY, Nebraska, a Political Subdivision, and State of Nebraska, Appellants.

Supreme Court of Nebraska.

January 18, 1991.

Attorney(s) appearing for the Case

Gary D. Denton, Mitchell, Hancock & Denton, P.C., Scottsbluff, for appellant Scotts Bluff County.

Robert M. Spire, Atty. Gen., John R. Thompson, Douglas J. Peterson, and Lisa D. Martin-Price, Lincoln, for appellant State of Neb.

Robert P. Chaloupka, Van Steenberg, Brower, Chaloupka, Mullin & Holyoke, P.C., Scottsbluff, for appellee.

R. Collin Mangrum, Omaha, for amicus curiae Pat Brochtrup.

J. Michael Fitzgerald, Carpenter, Rowen & Fitzgerald, Omaha, for amicus curiae Ronald Maresh.

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

BOSLAUGH, Justice.

This is a wrongful death action against the State of Nebraska under the State Tort Claims Act, Neb.Rev.Stat. §§ 81-8, 209 et seq. (Reissue 1987), and Scotts Bluff County under the Nebraska Political Subdivisions Tort Claims Act, Neb.Rev.Stat. §§ 13-901 et seq. (Reissue 1987).

The plaintiff's decedent, Adolph Lee Koncaba, died as the result of injuries sustained in a one-car accident. The accident occurred on September...

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