Archive for the ‘Nebraska’ Category

Root of the Problem

August 3, 2012

Connelly v. City of Omaha (Nebraska)
(Children were injured while sledding at a public park when they struck a tree, and their parents filed an action agains the city for negligence; liability was imposed against the city for failing to remedy an unreasonable risk of harm.)

The Nebraska Supreme Court determined that the City of Omaha should have realized that the trees in the area of the park used by the public for sledding posed an unreasonable risk of danger.  Moreover, the Court explained that the city should have expected that lawful visitors to that area of the park for sledding would fail to protect themselves against the danger posed by trees in the area.  Key facts in the litigation revolved around the city’s efforts to restore and renovate the subject park where the incident occurred about 10 year prior to the incident.  The city held public hearing opportunities, and issues relating to “sledding opportunities” were discussed in detail.  City officials also specifically debated issues regarding the placement of trees and how such placement could affect the sledding activities.  Several years later, many trees were planted at the park in an area previously identified as the location for sledding.  There was also an indication of prior similar incidents in the area.

The verdict from a bench trial was affirmed, and the children and parents were awarded damages.  The damages of all parties were subject to damage caps pursuant to Nebraska’s statutory scheme limiting the liability exposure of political subdivisions.

NOTE: Cases like this are a reason that government entities are hesitant to fully embrace recreational activities on public lands.  It ia also a lesson to government entities to carefully select their words while making a public record on issues relating to potentially dangerous conditions on public lands.  Unfortunately, the impact of cases like this extends far beyond these parties and the City of Omaha.

Rubbin’ Is Not Racin’

May 4, 2011

Pit Area Intentional Misconduct (Nebraska)
(Race car driver who intentionally drove into another participant in a restricted area receives criminal sentence.)

Short track race car driver Cory Dumpert was recently sentenced to 18 months probation by a judge in Cass County, Nebraska in connection with an incident that occurred at I-80 Speedway in Greenwood, Nebraska in June of 2010.  Dumpert intentionally sped through the infield pit area and slammed into the car driven by fellow racer Chad Sanders, who received minor injuries.  Dumpert was suspended for a year and fined $500 by the track.  Criminal charges were filed against Dumpert and he was ultimately sentenced on charges of third-degree assault and criminal mischief.

NOTE: It will be interesting to see if Sanders brings a civil action against Dumpert and/or the track. Waiver and release documents are enforceable in Nebraska and the track also potentially could be expected to assert that as a defense to any civil action brought by Sanders. One might expect an argument to be made, however, that being injured as a result of Dumpert’s intentional assault is not an incident that is reasonably related to the claimant’s auto racing activities at the track.