MARLOW v. MAPLE MANOR APARTMENTS

No. 39787.

228 N.W.2d 303 (1975)

193 Neb. 654

Marjorie MARLOW, Appellant, v. MAPLE MANOR APARTMENTS, a partnership, Appellee.

Supreme Court of Nebraska.

May 1, 1975.


Attorney(s) appearing for the Case

J. Michael Fitzgerald, Matthews, Kelley, Cannon & Carpenter, P. C., Omaha, for appellant.

Keith Howard, Pilcher, Howard & Dustin, Omaha, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON and BRODKEY, JJ.


SPENCER, Justice.

Plaintiff appeals from the sustaining of a motion for summary judgment dismissing her personal injury action. The trial court held plaintiff's action was barred by section 48-148, R.R.S.1943, because the plaintiff had previously filed a claim against defendant in the Workmen's Compensation Court. We reverse.

Section 48-148, R.R.S.1943, provides as follows: "If any employee, or his dependents in case of death, of any employer subject to...

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