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MACE-MAIN v. CITY OF OMAHA

No. A-08-1026.

773 N.W.2d 152 (2009)

17 Neb. App. 857

Annette I. MACE-MAIN, Appellant, v. CITY OF OMAHA, a Nebraska municipal corporation and political subdivision, and Metropolitan Utilities District of Omaha, a Nebraska political subdivision and municipal corporation, Appellees.

Court of Appeals of Nebraska.

September 1, 2009.

Attorney(s) appearing for the Case

Marvin O. Kieckhafer, of Smith Peterson Law Firm, L.L.P., Council Bluffs, IA, for appellant.

Alan M. Thelen, Deputy Omaha City Attorney, for appellee City of Omaha.

Susan E. Prazan, Omaha, for appellee Metropolitan Utilities District of Omaha.

INBODY, Chief Judge, and CARLSON and MOORE, Judges.

CARLSON, Judge.

INTRODUCTION

Annette I. Mace-Main brought a negligence action under the Nebraska Political Subdivisions Tort Claims Act, Neb.Rev. Stat. § 13-901 et seq. (Reissue 2007) (the Act) against the City of Omaha (City) and Metropolitan Utilities District of Omaha (MUD), seeking damages for injuries she suffered in a fall. The district court for Douglas County granted MUD's motion to dismiss and granted the City's motion for summary judgment...

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