Family of officer seeks $8.5 million
The family of a Douglas County sheriff's deputy who was killed in a crash a year ago this month is seeking $8.5 million in damages from the state, saying officials failed to make sure the roadway was safe.
The claim, filed Friday with the State Claims Board on behalf of Shad Nicks' estate, says the crash occurred in a poorly safeguarded construction zone.
Nicks, 36, was riding a motorcycle on U.S. Highway 6 near Giles Road when he was hit by a car driven by Heather Henning, 28. Henning's car had crossed the center line, authorities say.
The claim accuses Nebraska roads officials of not ensuring the construction zone was safe for motorists in terms of design, speed of traffic, signage, traffic flow and maintenance.
Dale Butler, district operations maintenance manager for the Nebraska Department of Roads, said state officials had no comment.
Nicks' family includes his wife, Becky Nicks, and three children: Brandon, 7; Ryan, 4; and Allyson, 1. They are seeking compensation for medical and funeral expenses, loss of future earnings and the loss of companionship he would have provided, said Clete Blakeman, an attorney representing the Nicks family.
Blakeman said a national roads expert from Kansas viewed the site and determined it was unsafe.
"It's not something that I think is wrong, or that his spouse thinks is wrong," Blakeman said. "It's something that a national expert thinks is wrong."
The State Claims Board conducts investigations and hearings on any liability or contract cases filed against state agencies and decides whether the state was at fault. It can then make recommendations to the Legislature for payment of damages.
If the board makes no decision within six months of the filing of a claim, the claimant can take the issue to district court, which Blakeman said he would do.
Henning was sentenced earlier this year to 3½ to five years in prison after pleading no contest to felony motor vehicle homicide and misdemeanor reckless driving. She has appealed the sentence as excessive and is asking that she instead be placed on probation.
In February, Henning posted $30,000 cash to be released from the Nebraska Correctional Center for Women in York while waiting on the appeal.
Blakeman said the family has filed a wrongful death lawsuit against Henning that is in the process of being settled. Her insurance policy offers a maximum $25,000 payout, meaning that is the most Becky Nicks and her children will receive from the settlement, Blakeman said.
"The family is feeling like it's one thing after another against them," Blakeman said. "It's tough."