Garcia v. City of Omaha

Summary

The Nebraska Supreme Court affirmed the denial of the City of Omaha’s summary judgment motion in Garcia’s negligence action arising from a sinkhole that opened beneath his garbage truck. The court held that the City’s sovereign-immunity defense was appealable under the statutory exception for orders denying summary judgment based on sovereign immunity, but that Garcia presented sufficient evidence to create a genuine issue concerning whether the City had actual or constructive notice of the localized defect. Because notice would waive the applicable immunity, summary judgment was improper.