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STALEY v. CITY OF OMAHA

No. S-04-1240.

713 N.W.2d 457 (2006)

271 Neb. 543

Jimmie Joe STALEY, appellee and cross-appellant, v. CITY OF OMAHA, a municipal corporation, appellant and cross-appellee.

Supreme Court of Nebraska.

May 5, 2006.

Attorney(s) appearing for the Case

Thomas O. Mumgaard, Deputy Omaha City Attorney, for appellant.

Edward F. Fogarty, Omaha, of Fogarty, Lund & Gross, and G. Anne Evans, for appellee.

William F. Austin, Lincoln, of Erickson & Sederstrom, P.C., for amicus curiae League of Nebraska Municipalities.

HENDRY, C.J., CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ., and HANNON, Judge, Retired.

STEPHAN, J.

Jimmie Joe Staley sustained serious injuries when a vehicle in which he was a passenger was struck by a vehicle operated by Michael Barnes, who was the subject of a vehicular pursuit by Omaha police. Staley brought this action against the City of Omaha (the City) under the Political Subdivisions Tort Claims Act, Neb.Rev. Stat. §§ 13-901 to 13-926 (Reissue 1997 & Supp.1999), alleging negligence on the part of the officer conducting the pursuit...

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