WILES v. METZGER

Nos. 89-165, 89-166.

473 N.W.2d 113 (1991)

238 Neb. 943

Fred E. WILES, Personal Representative of the Estate of Mark A. Wiles, Deceased, Appellant, v. William R. METZGER, Trustee of the William A. Metzger Trust Estate and Personal Representative of the Estate of William A. Metzger, Deceased, Appellee. Fred E. WILES, Personal Representative of the Estate of Michael W. Wiles, Deceased, Appellant, v. William R. METZGER, Trustee of the William A. Metzger Trust Estate and Personal Representative of the Estate of William A. Metzger, Deceased, Appellee.

Supreme Court of Nebraska.

August 23, 1991.


Attorney(s) appearing for the Case

David V. Chebatoris, of Clements, Svoboda & Chebatoris, Weeping Water, for appellant.

Thomas A. Otepka and John W. Iliff, of Gross & Welch, Omaha, P.C., for appellee.

HASTINGS, C.J., and WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ., and COLWELL, District Judge, Retired.


SHANAHAN, Justice.

Mark A. and Michael W. Wiles died when the ceiling of a cave in which they were camping collapsed on the boys. Fred E. Wiles, personal representative of the estates of Mark and Michael Wiles, filed wrongful death actions against the estates of William A. Metzger, the owner who possessed the real estate where the cave was located. The district court for Cass County granted summary judgments for Metzger, and Wiles appeals.

FACTUAL BACKGROUND...

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