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FICKLE v. STATE

No. S-04-1250.

735 N.W.2d 754 (2007)

273 Neb. 990

Gail FICKLE, both individually and as parent and guardian of Jacob Wagner, Appellee and Cross-Appellant, v. STATE of Nebraska, Appellant and Cross-Appellee.

Supreme Court of Nebraska.

July 20, 2007.

Attorney(s) appearing for the Case

Jon Bruning, Attorney General, Michele M. Lewon, and Matthew F. Gaffey for appellant.

Douglas J. Peterson and Joel Bacon, of Keating, O'Gara, Nedved & Peter, P.C., L.L.O., Lincoln, for appellee.

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

WRIGHT, J.

I. NATURE OF CASE

Jacob Wagner was seriously injured when the car he was driving collided with a semitrailer truck at an intersection controlled by a traffic signal. His mother, Gail Fickle, sued the State of Nebraska under the State Tort Claims Act, Neb.Rev. Stat. § 81-8,209 et seq. (Reissue 1996). She alleged that the accident was caused by a malfunction of the traffic signal, which displayed green lights in conflicting directions. Following...

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