OLSON v. SANITARY & IMP. DISTRICT # 177

No. 95-080.

557 N.W.2d 651 (1997)

251 Neb. 380

Erik OLSON, Appellant, v. SANITARY & IMPROVEMENT DISTRICT NO. 177, a Political Subdivision, et al., Appellees.

Supreme Court of Nebraska.

January 3, 1997.


Attorney(s) appearing for the Case

Timothy K. Kelso, of Rasmussen Mitchell & Kelso, and James E. Harris, of Harris, Feldman, Stumpf Law Offices, Omaha, for appellant.

Patrick G. Vipond and Raymond E. Walden, of Kennedy Holland DeLacy & Svoboda, Omaha, for appellee SID No. 177.

Terry K. Gutierrez, of Gast, Ratz & Gutierrez, P.C., Omaha, for appellee Riverside Lakes Recreational Cooperative Assn.

Milton A. Katskee, of Katskee, Henatsch & Suing, Omaha, for appellee Larry Tighe.

Thomas A. Otepka and Susan E. Fieber, of Gross & Welch, P.C., Omaha, for appellee Charles Varvel.

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


WRIGHT, Justice.

The plaintiff dove off a dock into shallow water and broke his neck. The trial court entered summary judgment in favor of the defendants. The Nebraska Court of Appeals affirmed, and we granted the plaintiff's petition for further review.

SCOPE OF REVIEW

In reviewing a summary judgment, an appellate court views the evidence in a light most favorable to the party against whom the judgment is granted and gives such party the benefit...

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