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HENERY v. CITY OF OMAHA

No. S-01-498.

641 N.W.2d 644 (2002)

263 Neb. 700

Jeffrey W. HENERY, Special Administrator of the Estate of Carol Lee Henery, deceased, Appellee, v. CITY OF OMAHA, a municipal corporation, Defendant and Third-party Plaintiff, Appellant and Cross-Appellee, and Douglas L. Henderson, Third-party Defendant, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

April 12, 2002.

Attorney(s) appearing for the Case

Thomas O. Mumgaard and Michelle Peters, Omaha, for appellant.

Ronald J. Palagi and Steven H. Howard, of the Law Offices of Ronald J. Palagi, Omaha, for appellee Jeffrey W. Henery.

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

MILLER-LERMAN, J.

NATURE OF CASE

During a police pursuit, a motor vehicle driven by Douglas L. Henderson collided with a building, and the vehicle's passenger, Carol Lee Henery (Henery), was killed. Jeffrey W. Henery, the special administrator of Henery's estate (special administrator), filed a petition in the district court for Douglas County alleging that the City of Omaha was liable for damages due to Henery's death by operation of Neb. Rev.Stat. §...

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