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GRUENEMEIER v. SEVEN-UP CO.

No. 87-043.

426 N.W.2d 510 (1988)

229 Neb. 267

Russell GRUENEMEIER, A Minor, By and Through Victoria GRUENEMEIER, Mother and Next Friend, Appellant, v. SEVEN-UP COMPANY et al., Appellees.

Supreme Court of Nebraska.

July 22, 1988.

Attorney(s) appearing for the Case

Dennis P. Crawford, of Friedman Law Offices, Lincoln, for appellant.

Kathleen A. Jaudzemis, of Cline, Williams, Wright, Johnson & Oldfather, Lincoln, for appellees.

BOSLAUGH, CAPORALE, and GRANT, JJ., and BUCKLEY, District Judge, and COLWELL, District Judge, Retired.

BOSLAUGH, Justice.

The plaintiff, Russell Gruenemeier, commenced this action through his mother and next friend to recover damages for the injuries he sustained on May 6, 1983.

The amended petition alleged that the defendants, as part of a marketing scheme, had placed two glass bottles of Like cola on the front entrance of the plaintiff's residence. The plaintiff, who was then 9 years of age, began playing while holding one of the bottles. The plaintiff tripped...

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