(DOWNLOAD) "Ronald J. Maresh v. State Nebraska" by Supreme Court of Nebraska * Book PDF Kindle ePub Free
eBook details
- Title: Ronald J. Maresh v. State Nebraska
- Author : Supreme Court of Nebraska
- Release Date : January 18, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
The defendant, the State of Nebraska, appeals a judgment in favor of the plaintiff, Ronald J. Maresh, personal representative
of the estate of John Michael Maresh, deceased. This was an action for damages alleged to have been suffered by reason of
an automobile accident which occurred when the driver of the automobile in which decedent was riding drove off the shoulder
of U.S. Highway 30 while it was under construction. The action was brought under the State Tort Claims Act, Neb. Rev. Stat.
§§ 81-8,209 to 81-8,235 (Reissue 1987). The district court, sitting without a jury as required by §
81-8,214, awarded damages of $124,273. The State on appeal assigns and argues as error the actions of the trial court in (1) failing to find that the State's discretionary
function immunity, § 81-8,219(1)(a), precluded this lawsuit; (2) admitting into evidence the deposition testimony
of plaintiff's expert witness William Berg, Ph.D.; and (3) determining that the manner in which the State attempted to mark
the edge of the highway during the construction project constituted a breach of duty which was a proximate cause of the decedent's
death.