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WEICHMAN v. LOWER PLATTE SOUTH NRD

No. A-05-1147.

739 N.W.2d 764 (2007)

15 Neb. App. 946

Cara WEICHMAN, Special Administrator of the Estate of Robert E. Weichman, deceased, Appellant v. LOWER PLATTE SOUTH NATURAL RESOURCES DISTRICT, a Nebraska political subdivision, and Nebraska Department of Correctional Services, Appellees.

Court of Appeals of Nebraska.

September 18, 2007.

Attorney(s) appearing for the Case

Ronald J. Palagi and Joseph B. Muller, of Law Offices of Ronald J. Palagi, P.C., L.L.O., Omaha, for appellant.

Jon Bruning, Attorney General, and Jennifer M. Tomka, for appellee Nebraska Department of Correctional Services.

IRWIN, SIEVERS, and CASSEL, Judges.

SIEVERS, Judge.

Cara Weichman, special administrator of the estate of Robert E. Weichman, appeals from the decision of the district court granting summary judgment in favor of the Nebraska Department of Correctional Services (DCS). The district court found that DCS had not waived its sovereign immunity, because the discretionary function or duty exception to such waiver provided by Neb.Rev.Stat. § 81-8,219 (Reissue 2003) was involved in the claim against DCS...

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