Fales v. County of Stanton
297 Neb. 41
| Neb. | 2017Background
- Around 12:45 a.m., two minors (Irish driving; Fales passenger) left a party after consuming alcohol and took back roads when they observed law enforcement nearby.
- Stanton County Deputy Petersen followed their pickup, activated emergency lights for a turn-signal violation and possible speeding, and radioed while following.
- After Irish accelerated, Fales threw a box of beer (and cans) out the window; Petersen observed beer on the road and radioed that beer was being thrown, treating it as destruction of evidence.
- The pickup later lost control on a curve, struck a culvert, and Fales sustained catastrophic injuries (paralysis).
- Fales sued the County under Neb. Rev. Stat. § 13-911 claiming status as an “innocent third party”; the district court found he lost that status when he tossed beer and entered judgment for the County; Fales appealed and County cross‑appealed on constitutional grounds but conceded the cross‑appeal need not be reached if liability was resolved for the County.
Issues
| Issue | Fales' Argument | County's Argument | Held |
|---|---|---|---|
| Whether Fales was an “innocent third party” under § 13‑911 | Fales argued he remained an innocent third party because pursuit began for a traffic violation and he did not provoke the chase | County argued Fales lost innocent‑third‑party status by actively destroying evidence (throwing beer), making him a person sought to be apprehended | Court held Fales lost innocent‑third‑party status when he threw beer during the pursuit, so § 13‑911 did not apply |
| Whether the officer sought to apprehend occupants other than the driver | Fales contended officer intended to apprehend only the driver for traffic offenses | County relied on officer’s observations (beer being tossed) that broadened the officer’s focus to all occupants | Court held officer’s apprehension reasonably broadened to include occupants who discarded evidence |
| Whether the district court’s factual findings were clearly erroneous | Fales argued factual findings lacked basis (officer did not see who threw beer) | County pointed to radio transmissions and officer testimony that beer was tossed from the pickup | Court held factual findings were not clearly erroneous; inferences from radio traffic and testimony supported the ruling |
| Whether the court must address County’s constitutional challenge to § 13‑911 | Fales wanted case decided on statute; County sought declaration of unconstitutionality of § 13‑911 | County conceded that, given judgment for County on liability, resolving constitutionality was unnecessary | Court declined to reach the constitutional cross‑appeal as unnecessary |
Key Cases Cited
- Werner v. County of Platte, 284 Neb. 899, 824 N.W.2d 38 (2012) (defines "innocent third party" and analyzes when a passenger is not the target of pursuit)
- Jura v. City of Omaha, 15 Neb. App. 390, 727 N.W.2d 735 (2007) (passenger in a stolen vehicle was a person sought to be apprehended)
- Henery v. City of Omaha, 263 Neb. 700, 641 N.W.2d 644 (2002) (legislative intent and considerations regarding third‑party actions in pursuits)
- Williams v. City of Omaha, 291 Neb. 403, 865 N.W.2d 779 (2015) (standard of review and evidentiary posture in Political Subdivisions Tort Claims Act cases)