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McCURRY v. YOUNG MEN'S CHRISTIAN ASS'N

No. 43830.

313 N.W.2d 689 (1981)

210 Neb. 278

Edward McCURRY, Appellant, v. YOUNG MEN'S CHRISTIAN ASSOCIATION, doing business as Miller Park Branch, YMCA, Appellee.

Supreme Court of Nebraska.

December 28, 1981.

Attorney(s) appearing for the Case

Jarve L. Garrett, Omaha, for appellant.

Thomas J. Shomaker of Sodoro, Daly & Sodoro, Omaha, for appellee.

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

PER CURIAM.

The plaintiff, Edward L. McCurry, was injured on March 27, 1977, when he fell while playing basketball on an outdoor asphalt playground owned by the defendant, Young Men's Christian Association. He brought this action to recover for the damages he sustained by reason of his injuries in the accident.

The second amended petition alleged the defendant was negligent in failing to properly maintain the surface of the playground and in failing to warn...

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