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Neb. Supreme Court: Fire dept. not immune to suit

Legal counsel for firefighters said the case might make responders think twice about who is responsible on scene and might leave political subdivisions vulnerable

The Grand Island Independent

HASTINGS, Neb. — More than five-and-a-half years ago, a woman in rural Adams County was driving past a place where corn mash had been spilled the day before. She lost control of her vehicle and was injured.

Now, officials say a Nebraska Supreme Court decision concerning a resulting lawsuit could change the way emergency personnel and government officials respond to some calls.

Kaelynn Kimminau was injured in that Nov. 16, 2009, accident, and she and her husband, Wayne, filed suit against the man hauling the corn mash and his employer, as well as Adams County, the City of Hastings and the Hastings Rural Fire District. While there is a state law that is meant to protect political entities from some lawsuits, the state Supreme Court recently reversed a district court’s judgement, saying the county, the city and the fire district could be sued.

Full story: Nebraska Supreme Court states city, county can be sued