CUSHING v. BERNHARDT

No. 43682.

313 N.W.2d 688 (1981)

210 Neb. 272

Mary CUSHING, mother and next friend of Kevin Cushing, Appellant, v. Troy BERNHARDT, a minor, Appellee.

Supreme Court of Nebraska.

December 28, 1981.


Attorney(s) appearing for the Case

Jim Zimmerman of Atkins, Ferguson, Hahn, Zimmerman & Carney, Scottsbluff, for appellant.

Van Steenberg, Brower, Chaloupka, Mullin & Holyoke, Scottsbluff, for appellee.

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


PER CURIAM.

Kevin Cushing was a passenger in an automobile operated by Troy Bernhardt on May 24, 1978, when the automobile struck a tree. This action by his next friend was brought against Bernhardt to recover the damages resulting from the injuries Kevin sustained in the accident. The trial court sustained a demurrer and dismissed the petition because it failed to allege gross negligence.

The appeal presents only the question of whether the guest statute...

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