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KUHN v. WELLS FARGO BANK OF NEBRASKA

No. S-08-141.

771 N.W.2d 103 (2009)

278 Neb. 428

Leon Dean KUHN, Personal Representative of the Estate of Ashton Hasebrook, appellee, v. WELLS FARGO BANK OF NEBRASKA, N.A., appellee, TJ Lauvetz Enterprises, Inc., defendant and third-party plaintiff, appellant, and O'Keefe Elevator Company, Inc., third-party defendant, appellee.

Supreme Court of Nebraska.

August 28, 2009.

Attorney(s) appearing for the Case

Justin R. Herrmann and Jeffrey H. Jacobsen, of Jacobsen, Orr, Nelson, Lindstrom & Holbrook, P.C., L.L.O., Kearney, for appellant.

Michael F. Scahill and Terry J. Grennan, of Cassem, Tierney, Adams, Gotch & Douglas, Omaha, for appellee Wells Fargo Bank of Nebraska, N.A.

HEAVICAN, C.J., WRIGHT, GERRARD, STEPHAN, and MILLER-LERMAN, JJ.

GERRARD, J.

This appeal arises from a procedurally complicated tort case involving an injured plaintiff, the owner of the building in which the plaintiff was injured, the bank that the plaintiff was in the building to patronize, and the installer of the elevator in which the plaintiff fell. The bank was dismissed from the case, and the remaining parties apparently settled, although the settlement agreement is not in the record. The question presented, on further review...

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