District Court of Hall County, Nebraska – Dan Ketcham and Sam Huckle
Summary Judgment in favor of the City of Grand Island in a negligence and negligent misrepresentation action brought under the Political Subdivisions Tort Claims Act by residential property owners in connection with a project involving construction of sanitary sewer. In finding for Grand Island, the Court determined that non-parties were independent contractors as a matter of law for which no vicarious duty is imposed. The negligent entrustment cause of action failed as a matter of law for lack of causation, damages, and via the defenses of failure to mitigate and laches.