Connelly v. City of Omaha
Annotate this CaseThe two minor daughters (Daughters) of Parents were injured in a park in Omaha City when their plastic sled collided with a tree. Parents brought an action against the City to recover medical expenses and loss of services based on Daughters' injuries. Daughters also brought an action, by and through their parents, against the City for injuries incurred in the accident. Both actions were brought under the Political Subdivisions Tort Claims Act. The district court found the accident and resulting injuries were proximately caused by the City and awarded damages in both actions. On appeal, the City argued that the district court erred in its assessment of both liability and damages. In her cross-appeal, one of the daughters contended that the damage cap set forth in Neb. Rev. Stat. 13-926, as applied in this case, violated her right to due process. The Supreme Court affirmed the judgment of the district court in Daughters' action and affirmed as modified the judgment in Parents' action, reducing the total award payable to Parents jointly.
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