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POLINSKI v. OMAHA PUBLIC POWER DIST.

No. S-94-1003.

554 N.W.2d 636 (1996)

251 Neb. 14

Steven G. POLINSKI, Appellant, v. OMAHA PUBLIC POWER DISTRICT and Nielsen Construction Company, Appellees.

Supreme Court of Nebraska.

October 25, 1996.

Attorney(s) appearing for the Case

Phillip G. Wright, of Quinn & Wright, Omaha, for appellant.

John M. Ryan and Lawrence E. Welch, Jr., of Fraser, Stryker, Vaughn, Meusey, Olson, Boyer & Bloch, P.C., Omaha, for appellee OPPD.

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

CONNOLLY, Justice.

Appellant, Steven G. Polinski, brought this neghgence action against the Omaha Public Power District (OPPD) after he was injured when his jackhammer struck an underground powerline. The district court held that Polinski failed to file his claim with OPPD within 1 year, as required by Neb.Rev.Stat. § 13-919(1) (Reissue 1991), and therefore entered summary judgment in favor of OPPD. Polinski appeals. We affirm.

ASSIGNMENTS OF ERROR<...

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