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GINAPP v. CITY OF BELLEVUE

No. S-11-193.

809 N.W.2d 487 (2012)

282 Neb. 1027

Jan GINAPP, appellee, v. CITY OF BELLEVUE, Nebraska, appellant, and Alegent Health Midlands Hospital, appellee.

Supreme Court of Nebraska.

January 6, 2012.

Attorney(s) appearing for the Case

Robert S. Lannin , of Shively & Lannin, P.C., L.L.O., Lincoln, and, on brief, Richard C. Grabow for appellant.

Patrick R. Guinan , of Erickson & Sederstrom, P.C., L.L.O., Omaha, for appellee Alegent Health Midlands Hospital.

Steven M. Lathrop , Omaha, and Terry M. Anderson , of Hauptman, O'Brien, Wolf & Lathrop, P.C., for appellee Jan Ginapp.

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

GERRARD, J.

Jan Ginapp, a registered nurse, was injured on the job in a violent assault committed by a patient who had been admitted to the hospital after he was taken into emergency protective custody by the City of Bellevue, Nebraska, police department. The questions presented in this appeal are whether Bellevue's duty to control the assailant's behavior ended when he was admitted to the hospital and whether Bellevue breached that duty by taking him to the hospital...

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