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TOOMBS v. DRIVER MANAGEMENT INC.

No. S-95-121.

540 N.W.2d 592 (1995)

248 Neb. 1016

Cathy A. TOOMBS, widow of James M. Toombs, deceased, Appellant, v. DRIVER MANAGEMENT, INC., Appellee.

Supreme Court of Nebraska.

December 15, 1995.

Attorney(s) appearing for the Case

Michael A. Kelley and Christopher D. Jerram, of Kelley & Lehan, P.C., Omaha, for appellant.

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

WHITE, C.J., and CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, CONNOLLY, and GERRARD, JJ.

FAHRNBRUCH, Justice.

Cathy A. Toombs, widow of James M. Toombs (the decedent), petitioned the Nebraska Workers' Compensation Court for benefits because of the decedent's sudden cardiac death while he was employed as an over-the-road truckdriver for Driver Management, Inc. (DMI).

Following a trial, a Workers' Compensation Court judge dismissed Toombs' petition. That court's review panel affirmed the trial court's dismissal order. Toombs timely appealed the...

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