Nebraska Supreme Court upholds sidewalk jogger ruling

Posted By: KLKN Newsroom

The Nebraska Supreme Court has upheld without comment a lower court’s dismissal of a lawsuit against the city of Lincoln by a jogger who fell on an uneven city sidewalk.

The high court’s ruling Friday noted only that “an equally divided court” affirmed Lancaster County District Judge Andrew Jacobsen’s dismissal last year of Dawn Amory’s lawsuit.

Amory had been seeking more than $19,000 for medical expenses she incurred after falling and breaking her pelvis five years ago. She argued the city should have found and fixed the sidewalk tile that was raised about an inch.

Jacobsen had said Amory didn’t show the city was neglecting the more than 1,500 miles of sidewalk it maintains, and that no one had complained about the problem beforehand.