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COTTON v. GERING PUBLIC SCHOOLS

No. A-92-758.

511 N.W.2d 549 (1993)

Jeffrey Dewayne COTTON, Appellee and Cross-Appellant, v. GERING PUBLIC SCHOOLS, a Political Subdivision and Nonprofit Corporation of the State of Nebraska, Appellant and Cross-Appellee.

Court of Appeals of Nebraska.

July 20, 1993.

Attorney(s) appearing for the Case

Philip M. Kelly and Jerald L. Ostdiek, Nichols, Douglas, Kelly, and Meade, P.C., Scottsbluff, for appellant.

Robert P. Chaloupka, Van Steenberg, Chaloupka, Mullin, Holyoke, Pahlke, Smith, Snyder, and Hofmeister, P.C., Scottsbluff, for appellee.

SIEVERS, C.J., and HANNON and IRWIN, JJ.

SIEVERS, Chief Judge.

Jeffrey Dewayne Cotton received a verdict in the amount of $32,435.42 against the Gering Public Schools (Gering) under the Political Subdivisions Tort Claims Act, Neb.Rev. Stat. § 13-901 et seq. (Reissue 1987). Unsatisfied with the amount of damages awarded, Cotton moved for a new trial. The district court granted the motion for new trial, stating in its written order, "[i]t is clear that the award of damages is inadequate as a result of...

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