Edwards v. Estate of Clark
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The Supreme Court affirmed the judgment of the district court finding that Tonya Edwards and Jennifer Edwards failed to state a claim for contribution or indemnity and denying the Edwardses' claim for subrogation, holding that there was no error.
The Edwardses, as assignees of Douglas County, brought complaints against the estate of Kenneth Clark seeking to recover expenses that County incurred in defending and settling lawsuits the Edwardses brought against it for allegedly responding negligently to acts of assault and battery committed by Clark. The district court concluded that the County was immune under the Political Subdivisions Tort Claims Act from claims arising out of battery, and therefore, the County did not have a common liability with Clark's estate. The court thus denied the claims for contribution or indemnity and for subrogation. The Supreme Court affirmed, holding that the district court did not err in dismissing the Edwardses' complaint.
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