IODENCE v. CITY OF ALLIANCE

No. S-03-528.

700 N.W.2d 562 (2005)

270 Neb. 59

Carol Louise IODENCE and Brian Iodence, wife and husband, appellants, v. CITY OF ALLIANCE, a Nebraska municipal corporation, appellee.

Supreme Court of Nebraska.

July 1, 2005.


Attorney(s) appearing for the Case

James L. Zimmerman, of Sorensen, Zimmerman & Mickey, P.C., Scottsbluff, for appellants.

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

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


PER CURIAM.

NATURE OF CASE

Carol Louise Iodence (Iodence) was injured when the vehicle she was driving struck a tree stump on property owned by the City of Alliance, Nebraska. The issue presented in this case is whether the city is immune from liability under the Recreation Liability Act (RLA), Neb.Rev.Stat. §§ 37-729 to 37-736 (Reissue 2004). We hold that it was not immune because Iodence did not enter or use the city's land for "recreational...

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