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BARTUNEK v. STATE

No. S-02-710.

666 N.W.2d 435 (2003)

266 Neb. 454

DaNell BARTUNEK, Appellee, v. STATE of Nebraska, Appellant.

Supreme Court of Nebraska.

July 25, 2003.

Attorney(s) appearing for the Case

Don Stenberg, Attorney General, and Melanie J. Whittamore-Mantzios, for appellant.

Maren Lynn Chaloupka, of Chaloupka, Holyoke, Hofmeister, Snyder & Chaloupka, Scottsbluff, and Nelson O. Tyrone III, of Garland, Samuel & Loeb, Atlanta, GA, for appellee.

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

GERRARD, J.

NATURE OF CASE

DaNell Bartunek was assaulted in her home by George Andrew Piper, her former boyfriend, who was a convicted felon on probation at the time of the assault. Bartunek sued the State for failing to properly supervise Piper's behavior and was awarded damages in the sum of $300,000 by the district court. The dispositive question presented in this appeal is what duty is owed by the State to protect individual citizens from harm caused...

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