Oldenburg v. State

This is an appeal from a decision of the district court dismissing an action brought by the plaintiff, Lloyd C. Oldenburg (hereinafter Oldenburg), against the State of Nebraska Department of Roads (hereinafter State), under the State Tort Claims Act, Neb. Rev. Stat. §§ 81-8,209 et seq. (Reissue 1981). Oldenburg has appealed.

At approximately 10 p.m., October 19,1979, Oldenburg was traveling east in the eastbound lane, or south half, of U.S. Highway 275, approximately IV2 miles west of Norfolk, Nebraska. Highway 275 is a paved, two-lane, undivided highway with unpaved shoulders. At or about…