Gallagher Ex Rel. Gallagher v. Omaha Public Power District

This is an action brought under the Political Subdivisions Tort Claims Act, Neb. Rev. Stat. §§ 23-2401 et seq. (Reissue 1983), in which the appellee, John Gallagher (Gallagher), a 6-year-old boy, by and through his father and next friend, Merle Gallagher, seeks to recover damages from the appellant, Omaha Public Power District (the District), for personal injuries sustained by Gallagher in a sledding accident occurring on property owned by the District.

Gallagher’s petition alleged two purported causes of action. The first sought to recover damages for injuries sustained on January 5, 1983, by…