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TRAPHAGAN v. MID-AMERICA TRAFFIC MARKING

No. S-94-1032.

555 N.W.2d 778 (1996)

251 Neb. 143

Gerald H. TRAPHAGAN, Personal Representative of the Estate of Kathy Jo Traphagan, deceased, Appellee and Cross-Appellant, v. MID-AMERICA TRAFFIC MARKING, an Iowa corporation, Appellant and Cross-Appellee.

Supreme Court of Nebraska.

November 22, 1996.

Attorney(s) appearing for the Case

Leland K. Kovarik, of Holtorf, Kovarik, Ellison & Mathis, P.C., Gering, for appellant.

Patrick M. Connealy, Chadron and Laurice M. Margheim, Alliance, for appellee.

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

WRIGHT, Justice.

Kathy Jo Traphagan was killed when the car she was driving struck the rear of a Mid-America Traffic Marking (Mid-America) truck. The personal representative of Traphagan's estate sued Mid-America. The trial court overruled Mid-America's motion for directed verdict; however, the court held that Traphagan was contributorily negligent as a matter of law in violating Nebraska's "range of vision" rule. The court submitted the issue of Mid-America's negligence...

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