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AGUALLO v. CITY OF SCOTTSBLUFF

No. S-02-879.

678 N.W.2d 82 (2004)

267 Neb. 801

Maria AGUALLO, appellant and cross-appellee, v. CITY OF SCOTTSBLUFF, a political subdivision, appellee and cross-appellant.

Supreme Court of Nebraska.

April 16, 2004.

Attorney(s) appearing for the Case

Maren Lynn Chaloupka and Robert Paul Chaloupka, of Chaloupka, Holyoke, Hofmeister, Snyder & Chaloupka, Scottsbluff, for appellant.

Steven W. Olsen, of Simmons Olsen Law Firm, P.C., Scottsbluff, for appellee.

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

CONNOLLY, J.

The appellant, Maria Aguallo, injured both of her ankles when she fell in a parking lot owned by the City of Scottsbluff (City). Aguallo claims that the City's failure to perform proper maintenance caused the surface of the parking lot to become dangerously eroded. She further claims that her fall occurred when she stepped onto the eroded area. Following a bench trial, the court determined that the City and Aguallo were equally negligent and entered judgment...

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