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GERKEN v. HAWKINS CONST. CO.

Nos. S-90-1062, S-90-1105.

498 N.W.2d 97 (1993)

243 Neb. 157

Timothy GERKEN, Appellant, v. HAWKINS CONSTRUCTION COMPANY, Appellee. Irene GERKEN and Timothy Gerken, Appellants, v. HAWKINS CONSTRUCTION COMPANY, Appellee.

Supreme Court of Nebraska.

April 9, 1993.

Attorney(s) appearing for the Case

Vard R. Johnson, of Broom, Johnson, Fahey & Clarkson, Omaha, for appellants.

Ronald F. Krause and David A. Blagg, of Cassem, Tierney, Adams, Gotch & Douglas, Omaha, for appellee.

HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, SHANAHAN, FAHRNBRUCH, and LANPHIER, JJ.

BOSLAUGH, Justice.

These cases arise out of an incident that occurred in Omaha, Nebraska, on June 30, 1986. On that date, the defendant, Hawkins Construction Company, was engaged in constructing the Arthur C. Storz Expressway. The defendant was using a large bulldozer which it left at the defendant's worksite near 2614 Saratoga Street at the end of the workday. The petitions allege that on the evening of June 30, a person or persons unknown to the plaintiffs climbed...

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