McGauley v. Washington County

Summary

The Nebraska Supreme Court affirmed dismissal of a wrongful death action against Washington County based on sovereign immunity under the Political Subdivisions Tort Claims Act. The court held that the County’s decision to allow Martin Marietta Materials to raise a road during an emergency flood situation was protected by the discretionary function exception. The court also concluded that the County had no nondiscretionary duty to provide additional warnings or protective measures because the dangerous conditions were readily apparent to the workers.

Holdings

1. The County's decision to grant Marietta an easement and allow it to raise CR P30 was a discretionary function protected by the Political Subdivisions Tort Claims Act's discretionary function exception.
2. The County's failure to supervise Marietta's work or enforce its own safety standards was part of the overall discretionary policymaking decision to allow Marietta to raise the road and was protected by the exception.
3. The County did not have a nondiscretionary duty to warn or take other protective measures because the dangerous conditions on CR P30 were readily apparent to the Marietta workers likely to be injured.

Questions Presented

1. Whether Washington County's decision to allow Martin Marietta Materials to raise CR P30 during an emergency flooding situation was protected by the discretionary function exception to the Political Subdivisions Tort Claims Act.
2. Whether the County's failure to supervise Marietta's work or enforce County safety standards constituted separate, nondiscretionary conduct outside the discretionary function exception.
3. Whether the County had a nondiscretionary duty to warn or take protective measures because it had notice or control of a dangerous condition that was not readily apparent to persons likely to be injured.

Disposition

affirmed