McGauley v. Washington County, 297 Neb. 134

Flooding emergency in Washington County threatened the county quarry; county lacked resources to protect the quarry and its only access road, CR P30.
Marietta, the quarry operator, sought and received the County's oral easement (later formalized) to raise CR P30 so quarry operations could continue to supply flood-fighting materials.
Marietta performed the road buildup without County supervision; Marietta implemented safety measures (lights, berms where feasible, daily safety meetings) and warned workers about soft shoulders.
On June 9, 2011, while backing on a section without a berm, dump truck driver James E. McGauley drove onto a soft shoulder that collapsed; the truck overturned and McGauley drowned.
McGauley’s personal representative sued the County and Marietta; after a bench trial on sovereign immunity, the district court held the County immune under the PSTCA discretionary function exception and dismissed claims against the County.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether County is immune under PSTCA discretionary-function exception for allowing Marietta to build CR P30	McGauley: County's decisions not to supervise or enforce safety standards were separate, nondiscretionary duties, so exception doesn't apply	County: Decision to allow Marietta to build the road was a discretionary policy choice in an emergency and included lack of supervision due to resource limits	Court: Decision to allow Marietta to build was discretionary; supervisory nonaction was part of same policy choice — immunity applies
Whether County had a nondiscretionary duty to warn or take protective measures	McGauley: County had a duty to ensure safe work conditions and warn workers because it controlled the road	County: Marietta controlled operations and had implemented warnings; dangerous conditions were apparent to Marietta workers	Court: No nondiscretionary duty — dangerous conditions were readily apparent and Marietta had warned workers, so exception to immunity does not apply

Mix v. City of Lincoln, 244 Neb. 561 (Neb. 1993) (standard for reviewing factual findings under PSTCA)
Cotton v. State, 281 Neb. 789 (Neb. 2011) (appellate court independently reviews statutory interpretation)
Shipley v. Department of Roads, 283 Neb. 832 (Neb. 2012) (discretionary-function exception scope; nondiscretionary duty to warn test)
Kimminau v. City of Hastings, 291 Neb. 133 (Neb. 2015) (purpose of discretionary-function exception: prevent judicial second-guessing of policy decisions)
McCormick v. City of Norfolk, 263 Neb. 693 (Neb. 2002) (discusses discretionary vs. ministerial duties under PSTCA)