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Family of deputy killed in crash seeks $8.5M from state

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By The Associated Press

Saturday, May 10, 2008 - 04:13:17 pm CDT



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.




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hmmm wrote on May 10, 2008 3:50 pm:
" No amount of money will erase anyones pain. Why $8.5 MILLION?? "

 Michael wrote on May 10, 2008 4:51 pm:
" And she walks free...

I am sorry for his family. "

 Ej wrote on May 10, 2008 8:10 pm:
" what is 8.5 million going to do for this family. It might make the greedy lawyers day but it isn't going to bring this father back. These lawsuits are getting out of hand. I don't want to deny this family their greif but we are the state of nebraska and we have to pay these settlements. "

 the ultimate painkiller wrote on May 10, 2008 8:34 pm:
" Judging by the number of wrongful death lawsuits these days a few million dollars can make any amount of pain go away. Our legal system is a joke and ambulance, or hearse, chasing attorneys just make it worse.

One thing I did find curious, she plead no contest and is free on appeal? "

 Wow wrote on May 10, 2008 10:02 pm:
" Now we are locking up people for traffic accidents. "

 al wrote on May 10, 2008 10:23 pm:
" The person who killed him pled no contest. Mr. Nicks' family is certainly going through a terrible time, but what is the logic behind suing the state? Sounds like some greed is at play here. Any bets on whether some attorney is behind this? Doesn't seem worthy of the life Shad Nicks led. "

 Janey wrote on May 10, 2008 10:51 pm:
" I like how everyone is quick to blame the lawyers for these type of lawsuits. It's the clients that come up with these numbers and decide to file the lawsuit, not the lawyers people! The reason we have so many frivolous lawsuits is because we live in such a litigious society. "

 mike wrote on May 10, 2008 11:16 pm:
" The state must increase the liability insurance minnimums..its currently
25/50/25 it should be 100/300/100 "

 CS wrote on May 10, 2008 11:49 pm:
" Well, she DID KILL someone, I mean, really now, she didn't just run a stop sign. "

 DR wrote on May 11, 2008 1:23 am:
" IF the ROADWAY wasn't safe, how could Heather Henning be at fault? In today's society every one has the opportunity to insure their life at an unreasonably low premium as advertised on the radio. Her settlement should match but not exceed the amount of life insurance her husband owned on his own life. If he didn't believe his future paychecks were worth insuring for his family in the event of his death, why should the state taxpayers be expected to pay more? "

 B dog wrote on May 11, 2008 6:53 am:
" Have any of you been through the stretch of raod that this happened on at the time? I live in that area and when that stretch of highway was under construction, I commented to my wife about someone was going to get killed the way that was contructed. Very sharp swerve in the road. A few weeks later this accident happened. If the state is negligent for a temporary detour that was very dangerous, they should pay. All of you on here would do the same thing if your family member got killed and the person was let off and this could have been prevented with better planning form the dept of roads. "

 teddy wrote on May 11, 2008 8:32 am:
" she was drinking, don't blame the taxpayers "

 To Wow wrote on May 11, 2008 9:24 am:
" I don't think any resonable person calls drunk driving (research the story--that's what makes it felony MV homicide) an "accident." That was a choice made by somebody, not an "accident." "

 So which one is it wrote on May 11, 2008 1:32 pm:
" First I really feel for the familys loss. With that being said, it was a accident, the family (apparently) blamed her and she is being punished and is financially responsible for this - but to turn around and claim the HWY was unsafe for motorists? If that is the case, should this gal not be held responsible for the accident under those same terms? "

 shoe on other foot wrote on May 11, 2008 1:44 pm:
" I wonder if wow would think it too bad if a family member of his was killed in an accident and the did NOT lock up the person of guilt. He would surely be first in line at the lawyers door. People are charged so others think before they do something careless. "

 Ray wrote on May 11, 2008 2:27 pm:
" An accident is an accident, thats why we are required to carry insurance when we drive a vehicle. 8.5 Million, come-on now, lets get real. I am sincerely sorry that some-one lost their life and a family lost a husband father and son but I'm sure that if he was a responsible person and in the profession that he was in, he certainly carried life insurance to take care of his family in case he lost his life, no matter how. The State should not be held libel in this matter and not for 8.5 Million if they are. The deceased would not have made anywhere near that amout in his entire lifetime if he lived to be 100. Compensation yes, but not like it is now. "

 greed wrote on May 11, 2008 9:22 pm:
" sue the state, taxes go up up up "

 Thats Life wrote on May 12, 2008 9:19 am:
" Why is money the solution to everyone's hurt? That's life - it stinks, but bad things happen to good people. It stinks that people think they can fill an emotional void with lots of dollar bills. "

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