GARY'S IMPLEMENT v. BRIDGEPORT TRACTOR

No. S-10-122.

799 N.W.2d 249 (2011)

281 Neb. 281

GARY'S IMPLEMENT, INC., appellant and cross-appellee, v. BRIDGEPORT TRACTOR PARTS, INC., formerly known as Gary's Tractor Parts, Inc., appellee and cross-appellant.

Supreme Court of Nebraska.

April 1, 2011.


Attorney(s) appearing for the Case

Howard P. Olsen, Jr. , Steven W. Olsen , and John F. Simmons , of Simmons Olsen Law Firm, P.C., Scottsbluff, for appellant.

David A. Domina , of Domina Law Group, P.C., L.L.O., Omaha, for appellee.

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


McCORMACK, J.

I. NATURE OF CASE

Gary's Implement, Inc., appeals the judgment in favor of Bridgeport Tractor Parts, Inc. (Bridgeport Tractor), in the amount of $1,250,000. Bridgeport Tractor cross-appeals the denial of its motion for restitution. The issues on appeal are whether the district court properly admitted the testimony of a particular expert; whether the court properly instructed the jury on the issue of damages; and whether Bridgeport Tractor is...

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