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Meyer v. State8/9/2002
NATURE OF CASE
Ramona C. Meyer (Meyer) was killed as a result of a three-vehicle accident. At the time, Donald C. Poston (Poston), the driver of the van which struck Meyer's car, was being pursued by a Nebraska State Patrol trooper. Meyer's husband, as special administrator of her estate, filed this action against the State of Nebraska. The district court for Cuming County entered judgment for the State, and the estate appeals.
STANDARD OF REVIEW
A district court's findings of fact in a proceeding under the State Tort Claims Act, Neb. Rev. Stat. ยง 81-8,209 et seq. (Reissue 1996 & Cum. Supp. 2000), will not be set aside unless such findings are clearly erroneous. Goodenow v. State, 259 Neb. 375, 610 N.W.2d 19 (2000).
The question of proximate cause, in the face of conflicting evidence, is ordinarily one for the trier of fact, and the court's determination will not be set aside unless clearly wrong. Stewart v. City of Omaha, 242 Neb. 240, 494 N.W.2d 130 (1993), disapproved in part on other grounds, Henery v. City of Omaha, 263 Neb. 700, 641 N.W.2d 644 (2002).
FACTS
On August 5, 1995, Poston, his wife Julie, and his sister-in-law drove from Springfield, Nebraska, to Norfolk, Nebraska, to visit the Postons' daughter, who was a patient at the Norfolk Regional Center. As a pretense, Julie suggested that Poston take their daughter to pick up supplies while Julie remained at the center. Julie actually wanted to discuss with staff of the center a recent deterioration in Poston's behavior. Poston was to return to the center to pick up Julie, and the family planned to see a movie.
Poston left the center with his daughter and sister-in-law as passengers in his van. Rather than driving to pick up supplies, he left Norfolk on U.S. Highway 275, heading toward Springfield. Traveling east at a high rate of speed, he met a westbound patrol car driven by Sgt. Gerald Sieck of the Nebraska State Patrol. Using radar, Sieck determined that Poston was traveling at 94 miles per hour. Sieck turned his car around and, with his car's siren and overhead lights activated, pursued Poston approximately 27 miles through Wisner and Beemer and into West Point.
Poston slowed as he passed through Wisner, but outside town, he increased his speed to more than 100 miles per hour. On two occasions, Sieck was able to get close enough to the van to read its license plate.
At Sieck's request, Sgt. Lonnie Schultz of the West Point Police Department set up a roadblock on the north side of the town. Poston passed through the roadblock and then accelerated, continuing into West Point at a speed estimated at between 70 and more than 100 miles per hour. At the intersection of Highway 275 and Grant Street, Poston's van collided with two vehicles.
One of the cars was driven by Meyer, who was killed. Her estate filed a wrongful death action and sought damages for pain and suffering and medical and funeral expenses. The other car was driven by Muriel A. Bacus, who was injured along with her sons. It is undisputed that Meyer was killed during a vehicular pursuit involving a law enforcement officer employed by the State.
The district court found that on the day of the accident, Poston was suffering a psychotic episode which continued after the collision and that Poston was undeterred in his obsession to return home to Springfield at a high rate of speed. The court found that although Sieck's actions "were obviously a factor," the evidence did not show that Poston would have driven other than as he did in the absence of a pursuit. The court concluded that the pursuit was not a concurring proximate cause of the ac
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