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KIRKWOOD v. STATE

Nos. A-05-1226, A-06-630.

748 N.W.2d 83 (2008)

16 Neb. App. 459

William KIRKWOOD et al., Appellees v. STATE of Nebraska, Appellant, and Shelter Mutual Insurance Company, Intervenor-Appellee.

Court of Appeals of Nebraska.

February 26, 2008.

Attorney(s) appearing for the Case

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

Martin J. Troshynski, of Baskins, Pederson & Troshynski, North Platte, Paul J. Hickey, of Hickey & Evans, L.L.P., and Mark A. Christensen, of Cline, Williams, Wright, Johnson & Oldfather, L.L.P, Lincoln, for appellees William Kirkwood et al.

P. Stephen Potter, P.C., Gothenburg, for appellee Ross Ostergard.

IRWIN, SIEVERS, and CASSEL, Judges.

CASSEL, Judge.

I. INTRODUCTION

The State of Nebraska appeals from the judgments of the district court for Lincoln County, following separate bench trials, in favor of William Kirkwood, Robert Johnson, and Mavis Johnson (collectively Kirkwood Appellees) in case No. A-05-1226 and in favor of Ross Ostergard in case No. A-06-630 on their actions under the State Tort Claims Act, see Neb.Rev. Stat. § 81-8,209 et...

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