Lincoln Journal Star from Lincoln, Nebraska on December 23, 1988 · 11
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Lincoln Journal Star from Lincoln, Nebraska · 11

Lincoln, Nebraska
Issue Date:
Friday, December 23, 1988
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FRIDAY, DECEMBER 83, 19S8 LINCOLN, NE. JOURNAL 111 Court: NU waited too long to file suit against architect, contractor By Leslie Boellstorff Journal Writer The University of Nebraska waited too long to file suit for negligence and breach of contract against the architect and general contractor that built the Medical Center's college of pharmacy building, the Nebraska Supreme Court ruled Friday. Ruling in three appeals over the matter, the high court found that the university did not meet a two-year statute of limitations on professional liability when it filed suit against architects Wilscam Mullins Birge Inc. and general contractor Lueder Construction Co. in April 1974. Cracks appeared in the brick building within five months of its completion in October 1976.' The unusual magnitude, persistence and enlarging of the cracks, coupled with a December 1982 report by consulting engineers Shive-Hattery & Associates, should have "alerted the university to the fact that it had serious problems with the college of pharmacy building," said Judge John Grant in one ' of the opinions. Assumed responsibility :.:. Although Ralph Yarbrough, director of UNMC plant , operations, felt the cracks were items that should be repaired by the construction company under a one-year warranty on the building, his department assumed responsibility for caulking the cracks in early 1978, when it became apparent that Lueder would not do so. By September 1980, UNMC already had spent nearly $25,000 on general renovation or repairs on the building. In -March 1982, the university sought $ 30,000 in special funding to repair the walls, the Ithird consecutive year it requested budget money for the repairs. -', Yarbrough testified that, although he had been responsible for about 300 brick buildings, he had never seen one crack ' in that manner. The amount of repairs needed on the building within four years Jury convicts Waverly man of burglary, sexual assault GRAND ISLAND - Gregory D. Tyrrell, 24, of Waverly has been convicted of -first-degree sexual assault and burglary in connection with a September 1987 incident A Hall County jury convicted him Dec. 15 after deliberating 15 hours. Tyrrell was arrested several months after he broke into a 29-year-old woman's apartment robbed her and raped her, said Deputy Hall County Attorney Susan Koenig. Sentencing for Tyrrell, former director of the Grand Island Heritage Zoo, is scheduled for Feb. 22. Tyrrell is serving a one- to two-year sentence for attempted burglary of a Celebrate New Year's Eve Dance to Heartland Band Dinner & Dance, Champagne at Midnight with Hats & Horns 25 oer couple per single $4 dance only Saloon & Red Garter Dance Hall 501 West "A" St. IVwk TWIN DRAGON &JBr LOUNGE NEW YEAR'S EVE; CELEBRATION featuring the Jimmy Mack Show plus Partv Favors UlM ft'floiivrM Free Champagne at Midnight . Dancing & ' Romancing All Night Long 301N.Cotner 467-2077 "ft Christmas ft & HQLIDAQ fXjr 11:30 a.m. to 3 p.m. 'v- Call For Reservation Featuring Roast Turkey Sage Dressing Roast Beef Baked Ham J h" Greek Chicken Mashed Potato Sweet Potato Green Beans ii V7k Baby Carrots . ; JO Assorted Salads Desserts taV $8.95 Adults J $4.50 Children ? jtjL SandundwfrM Jt JSr.' 10ott8ntorOt1zr ' alfll ..J m. 5250 Cornhusker 464-3171 Call lor Reservations of its completion was "very extraordinary," he said. When repair work began in October 1983, many construction defects were discovered in the brick walls. NU's allegations In its lawsuits, the university alleged that Lueder breached its contract by not installing the exterior brick walls and brick supporting structure according to plans and by failing to reinforce and "posttension" the floor slabs to bear the Joint custody struck by state's high court Although both young parents of a 2-year-old girl may be equally capable of caring for her, the Buffalo County District Court must decide which of the two will have legal custody of her, the Nebraska Supreme Court ruled Friday. The high court said District Judge De-Wayne Wolf abused his discretion when he ordered David Ensrud and Alicia Ann Ensrud to share custody of their daughter, Sara Marie. The unanimous decision, written by Judge Thomas Shanahan, said Wolfs delegating to a child custody officer the decision of how long each parent would keep Sara Marie was not authorized by . law. The high court granted temporary custody to her mother until the lower court conducts a hearing to determine which parent is best suited to have legal custody of the child on the basis of her best interests. Shanahan cited previous rulings that joint custody of children should be granted only in the rarest of cases or when both parents agree to the arrangement Lincoln residence. . In 1982, Tyrrell was convicted in Lancaster County of two counts of third-degree sexual assault in connection with two incidents in which he broke into residences and assaulted the women living there, said Deputy Lancaster County Attorney John Colborn. Tyrrell was found to be a mentally " disordered sex offender, was sentenced to two years' probation and was ordered to be treated for his mental disorder at the Lincoln Regional Center. f 7:30-9:30 Complete Prime Rib Dinner for 2 (includes salad, baked potato, vegetable, roll & butter, beverage) Champagne & Cocktails 8:30-12:30 Dancing & Party Favors fiS Per,C0UPle W inclusive ; reservations limited noils 2201 Old m You'll feel right at home when you join Perkins for . a delicious holiday meal. We'll be open Christmas Day serving up breakfast, lunch, and dinner with all the ' trimminftc UUlUllUlJi ,. . . Happy Holidays! Hours may vary by restaurant location. ftp?. V,( "A A Jfi? r "wu'$xfff-,i proper amount of weight It alleged that Wilscam negligently designed the floor slabs of the building and failed to properly supervise construction. However, Douglas County District Judge John E. Clark found that the condition of the building was such that a thorough investigation should have been initiated as early as 1980 and not later than 1981, and such an investigation would have revealed all of the university's reasons for going to court "We will not reiterate our concern that joint custody may likely produce -detrimental shuttling of a child from one parental residence to another and a lack of stability or continuity in a child's environment as the result of the child's becoming, as it were, a bird batted back and forth in a custodial badminton match," Shanahan wrote. David Ensrud, an unemployed college student, sought custody of Sara Marie and child support from the mother. Expert witnesses described him as a nurturing and unselfish father. Alicia Ensrud, who acknowledged that her former husband was a good father, also sought custody and child support. Child Custody Officer Alana Ander-. son, a one-year employee of the Department of Social. Services, recommended joint custody when Alicia Ensrud took a job in Rapid City, S.D., after graduating from a Grand Island business school Recommendations Anderson recommended that custody shift from one parent to the other on the last Saturday of each month, beginning in January 1988. But Alicia Ensrud said she did not earn enough to make the eight-hour trip from Rapid City to Kearney once a month. Wolf ordered that legal custody would remain with the court and Sara Marie's parents would share physical posession of her "as provided from time to time by the District Court Child Custody Officer and until further order." Shanahan found the order improper . on two points: The circumstances did not merit the extraordinary step of the court's retaining custody because neither parent had been shown to be unqualified to care for the child. The role plaved by the child custody officer was found "truly troubling" by the high court, which felt compelled to express disapproval of the delegation of ludicial authority. ftnon Ia Mia BuklU t fed Restaurant & Lounge Cheney 423-2843 rin ' . Missing youth group hires investigator OMAHA (AP) - The Missing Youth Foundation has hired a private investigator to help in cases of missing children, said Phil Dawson, president of the foundation's board. ; The non-profit organization hired Roy Stephens of Omaha to aid families and law enforcement officials in missing-child cases, Dawson said Thursday. Autographed ball returned to couple OMAHA (UPI) - Mel and Patricia Hamann of Okoboji, Iowa, celebrated Christmas early when they received a package containing a baseball autographed by Babe Ruth that was stolen at an Omaha flea market earlier this month. "I didnt think we'd ever see it again," Mrs. Hamann said. "It made our Christmas, I can tell you that" The ball, valued at $1,000 to $2,000, was stolen Dec. 10 during a flea market at the Civic Auditorium. Hamann said the ball was on display at his booth. . North Platte plans golf course study NORTH PLATTE (UPI) -The City Council has decided to proceed with a feasibility study for an 18-hole municipal golf course. However, the council has agreed to make sure the funding for the study was not paid for by taxpayers as originally proposed. I HOTEL Q WILBER, NE 7 ENTREE Christmas Sunday Brunch Buffet Featuring Fresh Seasonal Fruits, Garden Fresh Salad Bar, Duck tL Ei7l f Dumpling Kraut, Roast Baron of Beef, Southern Fried Chicken, ' Tf m JiM Baked Alaskan White Fish, Roast Tom Turkey. Baked Virginia m Ham, Crisp Bacon and all the trimmings. "SB And our Famous Dessert Bar featuring over Pastries, Cakes ! Ill I.I HRISTMAB BUFFET o Steamship Round o Roasted Turkey & Dressing Baked Sugar Cured Ham Baked Sole, Lemon Butter Complimented with an array of potatoes, vegetables, salads, rolls & muffins ; Dessert Bar Beverage included ( Adults $7.25 Seniors No waiting in line by reservation 475-5911 Walk-Ins Welcome I Servine 11:00 am-6:00 Dm -m m mtm iis tm hxbm VaVAAIJU AVa NEED There's A Conveniently Near You 44th and O, Texaco 13th and O, Gunny's , 16th and N, Texaco 14th and Adams, Kwik Shop 13th and South, Gas Plus 33rd and Pioneers, Texaco 33rd and Holdrege, Kwik Shop 56th and Holdrege. Kwik Shop North Corner and Holdrege, Texaco 56th and South, Kwik Shop i 56th and Hiway 2, Alamo Shopping Center The Martell Stata Bank Martell, Nebraska, 68404 794-5375 Wyoming being asked to reduce drinking age CHEYENNE, Wyo. (AP) - Wyoming was the last state in the Union to raise its legal drinking age to 21 and it could become the first to reduce the age limit under a proposal heading for the Legislature. Reps. H.L. Jensen and Dan Budd have filed a bill for the general session that starts next month. It would repeal a 1988 law that raised the age limit from 19 to 21. "I dont agree with it in the first place," Jensen said of the law that raised the age limit "I think we disfranchised a segment of the population of the state and I dont think it's done that much good in cutting down the (traffic) fatalities." During previous debates, proponents argued that Wyoming would retain its full share of federal highway revenues and possibly reduce the number of highway fatalities by raising the age limit Opponents questioned the contention that teen-agers who had been drinking contributed substantially to traffic accidents and said the government's threat of withholding highway funds was blackmail The Legislature raised the age limit to 21 on July 1. Next month, just six months after the higher limit took ef- WILBER 821-2060 30 Tories, Cookies, Reservations Strongly Suggested ! II .1 IJI. IJI IJ $5.95 Children $3.95 is ih iili . M 1 1 F CASH? QRKUS. Member FDIC 1:: WW feet the Legislature will be asked to undo what it has done. The age increase "didnt accomplish the purpose of keeping the alcohol from 19- and 20-year-olds, if that's what they (proponents) wanted to do," said Jensen, a Democrat "They just forced them out into the highways and parks, and made criminals out of them." Tom Fanter of the state Highway Department's safety branch said that in 1987 there were S3 alcohol-related accidents involving fatalities and that of those, 11, or 20.8 percent involved motorists under the age of 21 who had been drinking. Eight of the 11 accidents involved 19- and 20-year-olds, he said. In the first 10 months of 1988, there were 48 fatal accidents involving alcohol and 13 of them, 27.1 percent involved motorists under 21, said Fanter. Of the . 13 accidents, nine occurred after the higher drinking age took effect and seven involved 19-and 20-year-olds. Yugoslav envoy killed MADRID, Spain (AP) - Redzai Suroi, the Yugoslavian ambassador to Spain, ; has died of injuries he suffered when his car veered off a highway east of Madrid and hit a highway bridge, the embassy said. He was 59. GENTLEMEN FEMALE EEVUE OSESSIQN DANCES Dandng Nightly Happy Hour 5 to 7 p.m. PETER McCUE's LOUNGE 815 "O" St. ABOVE SWEEP LEFT SPORTS BAR . UVE MUSIC s "SPLIT IMAGE" no omST Thur.ftFri. SWEEP LEFT SPORTS BAR 8)5 "O" St. 95?9f t AT I fc. Green Beans Almondine Buttered Sweet Corn Garden Fresh Salad Cold Hors d'oeuvres Caesar Salad Cranberry-Orange Relish t Cottage Cheese Salad California Vegetables Vinaigrette Winter Salad Spinach Fettuchini Cucumber and Onion Salad Oriental Rice Salad Nebraska Potato Salad Antipasto Salad AT Assonea rasines, uaxes, I Mousses and . . . I- ! iNUUJ JUUWJ iMVb . 1 itmifii n ti ii win n n n n mmn mm imi ,Ti I I HI I 1 tiill jjjltfSp!! II W n ii ii JMl'i lin'i if'ililti'iijv Ill lll'l'l ,V!ii, km il iimiIiii' mini nlMilmUU illJJIIIIlllllilll,HI llllw 'i. a mn n 'hiMMm wm wn m. 5290 "0" Street tit - ll I CHRISTMAS;: X DAY I I BUFFET f P Roast Tom Turkey-Dressing Roast Baron of Beef 1 - t Christmas Jubilee Ham J j KocKy Mountain y m Rainbow Trout J lM X Eggs Benedict l Scrambled Eggs with !KS Fine Herbs V jKiP American Fried Potatoes ! I Giblet Gravy i m i .ann an v a ma 4 Villager Motor Inn

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