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McKINSTRY v. COUNTY OF CASS

No. S-89-1158.

488 N.W.2d 552 (1992)

241 Neb. 444

Christina L. McKINSTRY, Special Administrator of the Estate of Eugene McKinstry, Deceased, Appellee, v. COUNTY OF CASS, Nebraska, Acting as Cass County Highway Department, Appellant, and State of Nebraska et al., Appellees.

Supreme Court of Nebraska.

September 11, 1992.

Attorney(s) appearing for the Case

John R. Douglas of Cassem, Tierney, Adams, Gotch & Douglas, Omaha, for appellant.

Michael G. Connery and L. Steven Grasz of Kutak Rock & Campbell, Omaha, for appellee McKinstry.

BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ., and COLWELL, District Judge, Retired.

PER CURIAM.

This is a wrongful death action filed by plaintiff-appellee, Christina L. McKinstry, special administrator of the estate of Eugene McKinstry, deceased, who died when a dirt wall of a trench in which he was working collapsed. The action named as defendants WeWeldit & Repair, Inc., the deceased's employer; Husker Steel Corporation, the general contractor; and Cass County. The original trial resulted in a judgment entered by the trial court in favor of...

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