Shepard v. State, Dept. of Roads

This is an action under the provisions of the State Tort Claims Act for personal injuries suffered by plaintiff in an automobile accident allegedly fesulting from negligent maintenance of a highway. The District Court found that the defendant was not negligent and dismissed plaintiff’s petition.

On January 3, 1978, at approximately 6:45 a.m.,. the plaintiff, Linda Shepard, was driving her automobile westbound on U.S. Highway 136 a short distance west of Harbine, Nebraska. She encountered a rutted, icy patch on the highway which caused her car to skid broadside into the opposite lane of traffic…