Lincoln council upholds denial of resident’s $repair claim after crash involving city fire engine

The Lincoln City Council voted to leave a citizen claim denied after hearing testimony and lengthy council debate over a November 4 traffic incident in which a city fire engine moved into another lane, and resident Dean Forgy’s vehicle struck a curb and required repairs.

The council’s decision keeps in place a recommendation from City Law that the city is not liable because the evidence does not show negligence by the fire engine driver. A motion to remove Forgy’s claim from denial failed on a 2-5 roll call; the council then approved the claims report that retains the denial (main motion carried 6-1).

The issue mattered because councilors and the claimant disputed whether the city driver’s actions—described in the city’s accident report as sliding in wet conditions and moving into another lane—amounted to legal negligence under Nebraska law. Forgy told the council he was forced onto the curb to avoid colliding with the fire engine and presented edited crash…