Blitzkie v. State

The plaintiff, LeRoy Blitzkie, brought this action under the State Tort Claims Act, Neb. Rev. Stat. §§ 81-8,209 et seq. (Reissue 1981), claiming damages to his herd of swine because of the alleged failure of the State of Nebraska to disseminate information regarding the outbreak of pseudorabies in the vicinity of plaintiff’s farm.

After filing an answer in which it denied any negligence on its part, the defendant filed a motion to dismiss, claiming generally that the actions complained of by the plaintiff were discretionary functions performed by the State, and were therefore excluded from the…