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YBARRA v. WASSENMILLER

No. 42697.

291 N.W.2d 725 (1980)

206 Neb. 164

Perfecto YBARRA, Appellant, v. Walter W. WASSENMILLER and First National Bank & Trust Company, a corporation, Appellee.

Supreme Court of Nebraska.

April 29, 1980.

Attorney(s) appearing for the Case

Friedman Law Offices, Herbert J. Friedman, Lincoln, for appellant.

Con M. Keating and Gary J. Nedved of Marti, Dalton, Bruckner, O'Gara & Keating, P.C., Lincoln, for appellee.

Heard before KRIVOSHA, C. J., and BOSLAUGH, McCOWN, CLINTON, BRODKEY, WHITE, and HASTINGS, JJ.

HASTINGS, Justice.

Perfecto Ybarra, plaintiff, brought this action against Walter W. Wassenmiller, defendant, for damages alleged to have been suffered when plaintiff, while walking on the driveway of the First National Bank & Trust Company's drive-in banking facilities, was struck by a camper-trailer being backed up by the defendant. The jury was instructed on both the alleged negligence of the defendant and contributory negligence of the plaintiff, and it returned...

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