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TERRY v. METZGER

No. S-89-1494.

491 N.W.2d 50 (1992)

241 Neb. 795

David L. TERRY, 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.

October 30, 1992.

Attorney(s) appearing for the Case

E. Terry Sibbernsen of Welsh & Sibbernsen, Omaha, for appellant.

John W. Iliff of Gross & Welch, P.C., Omaha, for appellee.

HASTINGS, C.J., and BOSLAUGH, WHITE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

WHITE, Justice.

David L. Terry appeals the district court's grant of summary judgment in favor of William R. Metzger. Terry, who was injured in a cave-in while on the Metzger property, had sued Metzger, alleging that Metzger was negligent and liable under the attractive nuisance doctrine and as a possessor of land.

On August 16, 1985, Terry, then 19 years old, and four companions entered Metzger's land while on a camping trip. The five boys camped in an abandoned...

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