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HEARON v. MAY

Nos. S-94-187, S-94-188.

540 N.W.2d 124 (1995)

248 Neb. 887

Craig HEARON, Appellant, v. Tim MAY et al., Appellees. Debra WARNING, Appellant, v. Tim MAY et al., Appellees.

Supreme Court of Nebraska.

December 1, 1995.

Attorney(s) appearing for the Case

James J. Paloucek, of Kelley, Scritsmier & Byrne, P.C., North Platte, for appellants.

Stephen Kay, of Kay & Kay, North Platte, for appellee May.

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

FAHRNBRUCH, Justice.

Craig Hearon, a high school student wrestler, and his mother, Debra Warning, each filed a petition against Tim May, a wrestling referee, claiming that Hearon suffered spinal injuries as a direct and proximate result of (1) May's ordinary negligence and (2) May's reckless disregard for the safety of Hearon while May was instructing Hearon on a wrestling maneuver.

On May's motion, the district court for Chase County struck from each of the...

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