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ANDERSON v. SERVICE MERCHANDISE CO., INC.

No. S-89-1188.

485 N.W.2d 170 (1992)

240 Neb. 873

Kathy ANDERSON, Appellant, v. SERVICE MERCHANDISE COMPANY, INC., and Sylvania Lighting Services Corporation, Appellees.

Supreme Court of Nebraska.

June 12, 1992.

Attorney(s) appearing for the Case

Thomas M. White, of Fitzgerald, Schorr, Barmettler & Brennan, Omaha, for appellant.

Thomas D. Wulff, of Kennedy, Holland, DeLacy & Svoboda, Omaha, for appellee Service Merchandise.

Edward G. Warin and Lynn Ann Killeen, of Gross & Welch, Omaha, for appellee Sylvania.

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

SHANAHAN, Justice.

Kathy Anderson appeals from dismissal of her negligence action based on res ipsa loquitur. In granting the summary judgments and dismissing Anderson's action against Service Merchandise Company, Inc. (Service Merchandise), and Sylvania Lighting Services Corporation (Sylvania), the district court for Douglas County concluded that "the subject matter involved in this litigation was not under the exclusive control of each defendant." We affirm in part...

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