Cotton v. Gering Public Schools

Sievers, Chief Judge.

Jeffrey Dewayne Cotton received a verdict in the amount of $32,435.42 against the Gering Public Schools (Gering) under the Political Subdivisions Tort Claims Act, Neb. Rev. Stat. § 13-901 et seq. (Reissue 1987). Unsatisfied with the amount of damages awarded, Cotton moved for a new trial. The district court granted the motion for new trial, stating in its written order, “ [i]t is clear that the award of damages is inadequate as a result of a mistake by the court.” Gering has perfected its appeal to this court, claiming that the trial court erred when it set aside its…