Kimberling Ex Rel. Kimberling v. Omaha Public Power District

This tort action was brought by Robert D. Kimberling, a minor, by and through his father and next friend, Donald Kimberling. Further reference will be made only to Robert as plaintiff.

The action grew out of a collision between a motorcycle, driven by plaintiff, and a power pole installed and owned by the defendant, Omaha Public Power District (OPPD). The action sought damages for personal injuries, medical expenses, and property damage. OPPD counterclaimed for the cost of replacement of the power pole. The case was tried to the court without a jury under the Nebraska Political Subdivisions…