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GREENING BY GREENING v. SCHOOL DIST.

No. 85-467.

393 N.W.2d 51 (1986)

223 Neb. 729

Mark GREENING, By Douglas J. GREENING and Sandra K. Greening, Parents and Next Friends, and the United States of America, Appellants, v. The SCHOOL DISTRICT OF MILLARD, also known as Millard Public Schools, District No. 17, Appellee.

Supreme Court of Nebraska.

September 5, 1986.

Attorney(s) appearing for the Case

Frederick S. Cassman of Abrahams, Kaslow & Cassman, Omaha, for appellants.

Charles F. Gotch of Cassem, Tierney, Adams, Gotch & Douglas, Omaha, for appellee.

KRIVOSHA, C. J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

SHANAHAN, Justice.

On May 20, 1982, Mark Greening, age 11, suffered a fracture to his right upper femur while participating in a physical therapy program administered at an elementary school in the Millard school district. Mark, by his parents, Douglas J. and Sandra K. as next friends, filed an action for negligence, naming the school district and Kari T. Miller as defendants. The case was tried without a jury in accordance with Neb.Rev.Stat. § 23-2406 (Reissue...

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