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BRITTON v. CITY OF CRAWFORD

S-10-1013.

803 N.W.2d 508 (2011)

282 Neb. 374

Pat BRITTON, Personal Representative of the Estate of Jesse Britton, deceased, appellant, v. CITY OF CRAWFORD, a Nebraska political subdivision, appellee.

Supreme Court of Nebraska.

September 23, 2011.

Attorney(s) appearing for the Case

Maren Lynn Chaloupka , Scottsbluff, of Chaloupka, Holyoke, Hofmeister, Snyder & Chaloupka, for appellant.

Steven W. Olsen and John F. Simmons , of Simmons Olsen Law Firm, P.C., Scottsbluff, for appellee.

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

McCORMACK, J.

I. NATURE OF CASE

Pat Britton filed this action as personal representative of the estate of Jesse Britton (Jesse), deceased, against the City of Crawford (the City) under the Political Subdivisions Tort Claims Act (PSTCA), Neb.Rev.Stat. §§ 13-901 to 13-927 (Reissue 2007 & Cum.Supp.2010). The district court for Dawes County granted the City's motion to dismiss, and Britton appealed. The issue on appeal is whether the City is immune...

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