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DESEL v. CITY OF WOOD RIVER

No. S-99-657.

614 N.W.2d 313 (2000)

259 Neb. 1040

Gordon DESEL and Dee Desel, appellees, v. CITY OF WOOD RIVER, Nebraska, a municipal corporation, appellant.

Supreme Court of Nebraska.

July 14, 2000.

Attorney(s) appearing for the Case

Christopher M. Ferdico, of Baylor, Evnen, Curtiss, Grimit & Witt, Lincoln, for appellant.

Keith D. Sinor, Grand Island, for appellees.

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

McCORMACK, J.

NATURE OF CASE Gordon Desel and Dee Desel filed an action pursuant to the Political Subdivisions Tort Claims Act (the Act), Neb.Rev. Stat. §§ 13-901 to 13-926 (Reissue 1991 & Cum.Supp.1994), against the City of Wood River, Nebraska (the City), seeking recovery for property damage which occurred when a sewerline, owned by the City, backed up and flooded the Desels' basement. The trial court entered judgment in favor of the Desels, finding...

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