REEDER v. STATE, DEPT. OF SOCIAL SERVICES

No. S-96-937.

578 N.W.2d 435 (1998)

254 Neb. 707

Randy REEDER, Appellant, v. The STATE of Nebraska THROUGH the DEPARTMENT OF SOCIAL SERVICES, Appellee.

Supreme Court of Nebraska.

May 29, 1998.


Attorney(s) appearing for the Case

Denzel R. Busick and Daniel R. Fridrich, of Luebs, Leininger, Smith, Busick & Johnson, Grand Island, for appellant.

Don Stenberg, Attorney General, and Royce N. Harper, Lincoln, for appellee.

WHITE, C.J., and CAPORALE, WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.


STEPHAN, Justice.

Randy Reeder, a recipient of public assistance for home health care services, brought this action against the State of Nebraska through its Department of Social Services (DSS) pursuant to Nebraska's State Tort Claims Act, Neb.Rev.Stat. § 81-8,209 et seq. (Reissue 1996). Reeder contends that DSS is vicariously liable for the negligence of a nurse whom it approved to provide services for him. In the alternative, Reeder contends that DSS breached...

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