Supreme Court to Review Spencer Dam Wrongful Death Case

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The Nebraska Supreme Court asked to reverse and remand to the District Court a wrongful death lawsuit from Spencer Dam collapse.

 
 

On Thursday, Michael Coyle, an attorney for the family of Kenny Angel, went in front of the Nebraska Supreme Court to ask that they reverse and remand to the District Court a wrongful death lawsuit against the Nebraska Department of Natural Resources (“DNR”). Mr. Coyle argued that state DNR was responsible for Mr. Angel’s death in 2019.

Kenny Angel died in 2019 when the Spencer Dam failed, sending water downstream and sweeping away Mr. Angel, his home, and his business. Mr. Angel’s wife, Linda Angel, filed a wrongful death lawsuit against the Nebraska Department of Natural Resources and the Nebraska Public Power District (“NPPD”), owners of the dam. The lawsuit alleged that the state DNR and NPPD, both responsible for the dam’s maintenance and operation, were responsible for the dam’s failure.

NPPD was dismissed from the case after Fraser Stryker’s attorneys obtained a $2.5 million settlement for the family. In 2022, Holt County District Judge Mark Kozisek granted the state DNR a Motion for Summary Judgment and dismissed the case against the state DNR.

After hearing oral arguments from the parties, the Nebraska Supreme Court took the case under advisement.

Read more about this in the Omaha World Herald’s article, written by Lori Pilger, HERE.


This article has been prepared for general information purposes and (1) does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. Always seek professional counsel prior to taking action.

 
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