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DYKES v. SCOTTS BLUFF COUNTY AGR. SOC.

No. S-99-515.

617 N.W.2d 817 (2000)

260 Neb. 375

Betty DYKES, appellant and cross-appellee, v. SCOTTS BLUFF COUNTY AGRICULTURAL SOCIETY, INC., appellee and cross-appellant.

Supreme Court of Nebraska.

September 22, 2000.

Attorney(s) appearing for the Case

Maren Lynn Chaloupka, of Van Steenberg, Chaloupka, Mullin, Holyoke, Pahlke, Smith, Snyder & Hofmeister, P.C., Scottsbluff, for appellant.

John K. Sorensen, of Sorensen & Zimmerman, P.C., Scottsbluff, for appellee.

Don Stenberg, Attorney General, and Steve Grasz for State of Nebraska regarding constitutional issue.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

CONNOLLY, J.

In this appeal, we are asked to address whether Neb.Rev.Stat. § 37-729(3) (Reissue 1998), defining recreational purposes under the Recreation Liability Act (the Act), is unconstitutionally vague and whether the viewing of livestock exhibits at a county fair is a recreational purpose under § 37-729(3). The appellant, Betty Dykes, filed a petition alleging that she was injured when she was struck by a pig that was part of a livestock exhibit at...

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