Zeller v. County of Howard

In Zeller v. County of Howard, 227 Neb. 667, 419 N.W.2d 654 (1988), the plaintiff and her husband, the decedent and the driver, were involved in an automobile accident on a county road. The accident occurred at an intersection where the driver's view was blocked by a knoll and a stop sign at which the driver would have been obligated to stop had been knocked down. The plaintiff and the driver were struck while in the intersection by a car which came from behind the knoll. The plaintiff filed suit against the county, alleging negligence in the county's failure to inspect traffic controls for the intersection prior to the accident and for failure to replace and maintain the stop sign after notification that the sign was down. Following a trial, the court entered judgment in favor of the county. The plaintiff appealed to the Nebraska Supreme Court. On appeal, the Nebraska Supreme Court denied recovery because the driver, had he been exercising due care, could have entered the intersection with appropriate caution because of the knoll, regardless of the presence or absence of the stop sign. Thus, the Supreme Court held that the driver's negligence was unforeseeable and that recovery against the State was barred.