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SHIPLEY v. DEPARTMENT OF ROADS

Nos. S-11-293, S-11-294.

813 N.W.2d 455 (2012)

283 Neb. 832

Brian SHIPLEY, appellant, v. DEPARTMENT OF ROADS, an agency of the State of Nebraska, and Cass County, Nebraska, a political subdivision of the State of Nebraska, appellees. Kenneth E. Stoddard and Sondra K. Stoddard, Guardians of Jamin L. Stoddard, an incapacitated person, appellants, and Nebraska Department of Health and Human Services, an agency of the State of Nebraska, appellee, v. Department of Roads, an agency of the State of Nebraska, and Cass County, Nebraska, a political subdivision of the State of Nebraska, appellees.

Supreme Court of Nebraska.

May 11, 2012.

Attorney(s) appearing for the Case

James R. Welsh and Christopher Welsh , of Welsh & Welsh, P.C., Omaha, L.L.O., for appellants.

Jon Bruning , Attorney General, and Douglas L. Kluender , Omaha, for appellee State.

Charles W. Campbell , of Angle, Murphy & Campbell, P.C., L.L.O., York, for appellee Cass County.

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

STEPHAN, J.

On June 5, 2005, Jamin L. Stoddard and Brian Shipley were injured in a collision with a train owned by the Burlington Northern Santa Fe Railway Company (BNSF) at a grade crossing in Cass County, Nebraska. Stoddard's guardians and Shipley brought actions against the Nebraska Department of Roads (NDOR) and Cass County (County) under the State Tort Claims Act (STCA)1 and the Political

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