Edwards v. Douglas County

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Edwards v. Douglas County

Additional Case Names

11:00 am

Case Number
Call Date
September 29, 2020
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-19-1195 Julie Edwards (Appellant) v. Douglas County (Appellee) v. The Estate of Kenneth Clark (Appellee)

Attorneys: Heather Voegle, Brenda Smith, Gretchen McGill (Dvorak Law Group); Jimmie Pinkham, William Rooney (Deputy County Attorneys)

Judge Leigh Ann Retelsdorf, Douglas County District Court

Civil: Torts, Duty of Care

Proceedings Below: Julie Edwards brought a State Tort Claims Act action against Douglas County for negligence in handling 911 calls from her brother who was shot and killed while she was sexually assaulted. Douglas County moved for summary judgment and Edwards moved for partial summary judgment. The district court granted summary judgment in favor of Douglas County and overruled Edwards’ motion.

Issues: Edwards assigns, restated, that the district court erred in granting (1) Douglas County summary judgment because it found that Douglas County did not owe Edwards (a) a legal duty, (b) a statutory duty of care, (c) a general duty of care under § 7 of the Restatement of Torts, (d) a special relationship duty, or (e) a duty based on undertaking. The district court erred in (2) overruling Edwards motion for partial summary judgment and (3) finding that Douglas County did not breach its duty of care as a matter of law.

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