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STROTHER BY STROTHER v. HEROLD

No. 87-298.

433 N.W.2d 535 (1989)

230 Neb. 801

Mary K. STROTHER, by Her Parent and Next Friend S.W. STROTHER, Appellant, v. Paul C. HEROLD et al., Appellees.

Supreme Court of Nebraska.

January 6, 1989.

Attorney(s) appearing for the Case

Edward D. Hotz, of Hotz, Kizer & Wintz, P.C., Omaha, for appellant.

Thomas A. Otepka, of Gross, Welch, Vinardi, Kauffman & Day, P.C., Omaha, for appellee Monie.

HASTINGS, C.J., GRANT, and FAHRNBRUCH, JJ., and HENDRIX and OLBERDING, District Judges.

FAHRNBRUCH, Justice.

Claiming Paul C. Herold and Kevin J. Monie were involved in a joint enterprise in the operation of a motor vehicle in which she was a passenger, Mary K. Strother sued them both for injuries she suffered when the vehicle hit a mailbox post and a tree.

The Douglas County District Court dismissed the case as to Monie on his motion for summary judgment. We affirm.

A motion for summary judgment shall be granted if the pleadings, depositions...

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