The family of a Douglas County sheriff's deputy who was killed in a 2007 crash has filed a claim against the state, saying road officials did not ensure the highway was safe.
The Associated Press | Posted: Friday, May 9, 2008 7:00 pm
OMAHA — The family of a Douglas County sheriff’s deputy who was killed in a 2007 crash has filed a claim against the state, saying road officials did not ensure the highway was safe.
The family of 36-year-old Shad Nicks is seeking $8.5 million.
Nicks was killed May 13, 2007, when his motorcycle was struck nearly head-on by a vehicle driven by Heather Henning on U.S. Highway 6 near Gretna. He was off duty at the time.
The claim filed Friday with the State Claims Board says road officials did not ensure the construction zone on that stretch of the highway was safe for motorists.
Under state law, in order to collect damages from a political subdivision, a person must first submit a claim requesting payment. If that claim is denied, the person can then file a lawsuit.
Clete Blakeman, an attorney for Nicks’ family, said a national roads expert from Kansas looked at the crash site and determined it was unsafe.
Dale Butler, an official with the Nebraska Department of Roads, said Friday that the state had no comment on the lawsuit.
Henning, 28, of Papillion, pleaded no contest to felony motor vehicle homicide and misdemeanor reckless driving in the fatal crash. She was sentenced in January to 3 1/2 to 5 years in prison, but she’s free pending an appeal.
Blakeman said Nicks’ family has filed a wrongful death lawsuit against Henning, but will likely receive a $25,000 settlement — the most Henning’s insurance policy will provide.
Nicks is survived by his wife, Becky, and three children ages 1 to 7.