S-22-0447 Linda Angel, Individually and as Special Administrator of the Estate of Kenneth D. Angel, Deceased, and Angels’ Inc. (Appellants) v. Nebraska Department of Natural Resources (Appellee)
Appeal from the District Court for Holt County, Judge Mark D. Kozisek
Attorneys: Michael F. Coyle, Jordan W. Adam, Karson S. Kampfe (Fraser Stryker Law Firm for Appellant) and Justin D. Lavene and Maegen L. Woita (Asst. Nebraska Atty. General for Appellee)
Civil: Negligence, Wrongful Death, and Statutory and Sovereign Immunity
Proceedings below: Appellant sued Appellee for negligence and wrongful death. When Appellee filed a Motion for Summary Judgment claiming statutory and sovereign immunity, the trial court sustained the motion. On appeal, Appellant filed a Petition to Bypass the Court of Appeals, which the Supreme Court sustained, and the Supreme Court transferred this case to its docket.
Issues: Appellants allege the district court erred in following manners: 1) in applying NEB. REV. STAT. § 46-1639(1) retrospectively to bar Appellants’ claims based on negligent acts and omissions committed by DNR before § 46-1639 was enacted; 2) in deciding NEB. REV. STAT. § 46-1639(1) barred Appellants’ claims against DNR based on DNR’s negligent acts and omissions that were not in control and regulation of the Dam; 3) in deciding NEB. REV. STAT. § 46-1639(1) barred Appellants’ claims against DNR based on DNR’s negligent acts and omissions that are not within the list of conduct to which immunity is granted; 4) in deciding NEB. REV. STAT. § 46-1639(1) barred Appellants’ claims against DNR based on DNR’s negligent acts and omissions that are within § 46-1639(1)(d)’s exception to immunity; 5) in construing NEB. REV. STAT. § 46-1639(1) inconsistently with binding canons of statutory construction; and 6) in sustaining DNR’s Motion for Summary Judgment and dismissing Appellants’ Amended Complaint with prejudice.