Fales v. County of Stanton
297 Neb. 41
| Neb. | 2017Background
- At ~12:45 a.m. two minors, Irish (driver) and Fales (passenger), left a party after consuming beer; they took back roads when they saw law enforcement.
- Stanton County Deputy Petersen followed Irish’s pickup after observing unsafe driving and activated emergency lights to effect a stop for a turn‑signal violation and possible speeding.
- As the pickup accelerated to flee, Fales threw a box of beer (and cans) from the vehicle; Petersen observed beer on the roadway and reported on the radio that occupants were "throwing out" beer.
- The pickup subsequently ran a curve at excessive speed, struck a culvert, and Fales sustained catastrophic injuries.
- Fales sued the County under Neb. Rev. Stat. § 13‑911 claiming he was an "innocent third party" injured by a law‑enforcement vehicular pursuit; the district court found Fales lost innocent‑third‑party status when he tossed beer and entered judgment for the County.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Fales was an "innocent third party" under § 13‑911 | Fales argued he was not being sought for apprehension and thus remained an innocent third party entitled to strict‑liability recovery. | County argued tossing beer during the pursuit made Fales a person sought to be apprehended, disqualifying him from § 13‑911 protection. | Court held Fales lost innocent‑third‑party status when he threw beer observed by the deputy; judgment for County affirmed. |
| Whether law enforcement was engaged in a vehicular pursuit and causation | Fales implied a pursuit existed and that the pursuit proximately caused his injuries. | County conceded factual issues but maintained no § 13‑911 liability if Fales was not an innocent third party. | Court did not need to decide constitutional/causation questions after finding no innocent third party; acceptance of district court findings. |
| Plaintiff’s negligence claim under Neb. Rev. Stat. § 60‑6,114 | Fales alleged the pursuit was negligent under statutory standards governing police vehicles. | County argued no liability; district court dismissed the negligence claim. | District court rejected Fales’ negligence claim; affirmed. |
| County cross‑appeal: constitutionality of § 13‑911 | N/A (County sought declaration that statutes were unconstitutional) | County argued §13‑911 (strict liability) conflicted with negligence standards and was unconstitutionally enacted. | Court declined to reach the constitutional question as unnecessary given disposition; cross‑appeal not considered. |
Key Cases Cited
- Werner v. County of Platte, 284 Neb. 899, 824 N.W.2d 38 (2012) (defines innocent third party and affirms deference to trial court factual findings)
- Henery v. City of Omaha, 263 Neb. 700, 641 N.W.2d 644 (2002) (examines Legislature’s concern with third‑party actions related to driver flight)
- Jura v. City of Omaha, 15 Neb. App. 390, 727 N.W.2d 735 (Neb. App. 2007) (passenger in stolen vehicle was a person sought to be apprehended)
- Williams v. City of Omaha, 291 Neb. 403, 865 N.W.2d 779 (2015) (standards for appellate review in Political Subdivisions Tort Claims Act cases)
- Adair Asset Mgmt. v. Terry's Legacy, 293 Neb. 32, 875 N.W.2d 421 (2016) (appellate courts need not decide unnecessary constitutional issues)