Rawson v. City of Omaha
Nebraska Supreme Court
212 Neb. 159 (1982)
- Written by Eric Miller, JD
Facts
While driving, Sharon Rawson (plaintiff) struck a large pothole that caused her to lose control of her car. Rawson’s vehicle then struck two other vehicles—one operated by Rollie Rogers, the other operated by Fred Black and also containing Black’s daughter and her children. Rogers filed a claim against Rawson for $492.41 in property damage. Black filed both a property-damage claim and a personal-injury suit, which was settled without trial for $11,215.50. Black’s daughter filed her own suit against Rawson and settled for $1,665, bringing Rawson’s total sum for the accident to $13,372.91. Rawson then brought suit against the City of Omaha (defendant) on a theory of contribution, alleging negligence on the part of the city. The city countered by asserting that Rawson’s negligence was the proximate cause of the accident. The court found that the city was the sole negligent party but denied Rawson recovery on the ground that contribution is available only in cases of joint liability. Rawson appealed.
Rule of Law
Issue
Holding and Reasoning (Krivosha, C.J.)
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