Malolepszy v. State

NATURE OF CASE

James Malolepszy was injured as the result of a motor vehicle accident in a highway construction zone when another driver drove his vehicle from the shoulder into the lane in which James was driving. James and his wife, Lynn Malolepszy, sued the State of Nebraska. The district court granted the State’s motion for summary judgment, finding that the other driver’s negligence was the proximate cause of James’ injuries. The Malolepszys appeal.

SCOPE OF REVIEW

Summary judgment is proper when the pleadings and evidence admitted at the hearing disclose that there is no genuine issue as…