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STACK v. SOBCZAK

No. S-90-1028.

497 N.W.2d 374 (1993)

243 Neb. 78

Duane L. STACK, Appellant and Cross-Appellee, v. James M. SOBCZAK, Personal Representative of the Estate of Ramona L. Sobczak, Deceased, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

March 26, 1993.

Attorney(s) appearing for the Case

Nicholas J. Lamme, of Yost, Schafersman, Yost, Lamme, Hillis & Mitchell, P.C., Fremont, for appellant.

Donald D. Schneider, P.C., Fremont, for appellee.

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

FAHRNBRUCH, Justice.

In this motorcycle-automobile collision case, the jury specifically found that the accident was proximately caused by the combined negligence of the operator of each vehicle. The jury attributed 40 percent of the combined negligence to the plaintiff motorcycle operator, Duane L. Stack, and 60 percent to the automobile operator, Ramona L. Sobczak.

The jury also made a special finding that "in comparing the negligence of Duane Stack and...

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