S-22-0952 Aaron G. Brown (Appellant) v. State of Nebraska (Appellee)
Appeal from the District Court for Buffalo County, Judge John H. Marsh
Attorneys: James R. Welsh (Welsh & Welsh, P.C., L.L.O. for Appellant) and Carlton Wiggam and Maegan L. Woita (Asst. Attorneys General for Appellee)
Civil: State Tort Claims Act and Summary Judgment
Proceedings Below: The Supreme Court previously heard and decided this matter at Brown v. State, 305 Neb. 111, 939 N.W.2d 354 (2020) (matter reversed and remanded the matter for further hearing). After remand, Appellee filed a Motion for Summary Judgment, which the trial court sustained because it found that Appellant’s claim was barred under the State Tort Claims Act.
Issues: Appellant makes the following assignments of error: 1) The District Court erred in holding that the Plaintiff was engaged in a recreational activity; 2) The District Court erred in holding that Plaintiff’s claim was barred by the intrinsic risk exception to The State Tort Claims Act; and 3) The District Court erred in holding that Plaintiff’s claim was barred by the weather exception to the State Tort Claims Act.