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McCORMICK v. CITY OF NORFOLK

No. S-00-1332.

641 N.W.2d 638 (2002)

263 Neb. 693

Michele McCORMICK, Conservator of the Estate of Alyssa M. Wickert McCormick, a minor, and Patrick and Michele McCormick, parents of Alyssa M. Wickert McCormick, a minor, Appellants, v. CITY OF NORFOLK, Appellee.

Supreme Court of Nebraska.

April 12, 2002.

Attorney(s) appearing for the Case

Richard L. Swenson, of Wintroub, McCreary, Lunz & Jersey, Omaha, for appellants.

C.J. Gatz and Todd B. Vetter, of Gatz, Fitzgerald & Vetter, Norfolk, for appellee.

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

CONNOLLY, J.

The appellants, Patrick and Michele McCormick, filed this action under the Political Subdivisions Tort Claims Act, Neb. Rev.Stat. § 13-901 et seq. (Reissue 1997), for personal injuries sustained by their 9-year-old daughter, Alyssa M. Wickert McCormick. The district court sustained the demurrer of the appellee, City of Norfolk (City), and dismissed the petition. The court found that the City's acts and omissions were immune from liability under ...

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