Williams v. City of Lincoln

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Williams v. City of Lincoln

Case Number
A-18-0680
Court Number
Lancaster
Call Date
May 14, 2019
Case Time
9:00 AM
Case Summary

A-18-0680, Katherine Girard Williams, PhD and Michael Williams (appellants) v. City of Lincoln, Nebraska

Lancaster County, District Judge Susan I. Strong

Attorney for Appellants:  Jerry W. Katskee, Thomas C. Dowart (Govier, Katskee, Suing & Maxwell)

Attorney for Appellee:  Elizabeth Elliott (City Attorney’s office)

Civil Action:  Political Subdivision Tort Claim

Action Taken by Trial Court:  The district court found that the appellants’ claims were barred by sovereign immunity and granted the City of Lincoln’s motion for summary judgment.

Assignments of Error on Appeal:  On appeal, the appellants assign that the district court erred in (1) failing to recuse itself based on implicit bias, (2) finding that their claims fell within the exceptions to the Political Subdivision Tort Claims Act and are barred by sovereign immunity due to the discretionary function exception, (3) finding that the City of Lincoln did not have a nondiscretionary duty and did not have actual or constructive notice of the dangerously low-hanging tree branch, and (4) granting the City of Lincoln’s motion for summary judgment and finding that the appellants presented no genuine issues of material fact.

Case Location
Papillion
Court Type
District Court
Schedule Code
A2
Panel Text
Arterburn, Riedmann, and Welch, Judges