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CAMERLINCK v. THOMAS

No. 43506.

312 N.W.2d 260 (1981)

209 Neb. 843

Robert W. CAMERLINCK, a minor, by and through his parent and next friend, Robert Camerlinck, Appellant, v. Ann J. THOMAS, guardian ad litem of Byron J. Thomas (formerly known as James E. Clayton III), a minor, Appellee.

Supreme Court of Nebraska.

November 6, 1981.

Attorney(s) appearing for the Case

Thomas J. Culhane of Erickson, Sederstrom, Leigh, Johnson, Koukol & Fortune, P. C., Omaha, for appellant.

Joseph K. Meusey of Fraser, Stryker, Veach, Vaughn, Meusey, Olson & Boyer, P. C., Omaha, for appellee.

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

BRODKEY, Justice.

The issue in this case is whether a child 6 years of age is chargeable with negligence as a matter of law. In this case, Robert Camerlinck, father and next friend of the plaintiff, Robert W. Camerlinck (Bobby), brought an action against Ann J. Thomas, mother of Byron J. Thomas (Jay), to recover damages for an injury sustained when Bobby was struck in his left eye with a stick by Jay Thomas while Jay was sliding down a playground slide. As Jay neared...

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