Lawry v. County of Sarpy

INTRODUCTION

In this case, the district court sustained a demurrer in favor of the County of Sarpy and dismissed Timothy Lawry and Colleen Lawry’s petition, which alleged that the county was negligent with respect to flood warnings it undertook, based on Neb. Rev. Stat. § 13-910(2) (Reissue 1991), the discretionary function exception in the Political Subdivisions Tort Claims Act. Because we determine that one of the grounds on which the county’s demurrer was asserted was well taken, we affirm the judgment of the district court.

FACTUAL BACKGROUND

The Lawrys initially filed a petition asserting a…