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SLAGLE v. J.P. THEISEN & SONS, INC.

No. S-95-156.

560 N.W.2d 758 (1997)

251 Neb. 904

Shelly SLAGLE, Personal Representative of the Estate of Maria Slagle, Deceased, Appellant, v. J.P. THEISEN & SONS, INC., Defendant, D.P. Sawyer, Inc., also known as Construction Signing or Construction Signing Lites and Barricades, Defendant and Third-Party Plaintiff, and State of Nebraska, Third-Party Defendant, Appellees.

Supreme Court of Nebraska.

March 7, 1997.

Attorney(s) appearing for the Case

Robert W. Mullin, of Van Steenberg, Chaloupka, Mullin, Holyoke, Pahlke, Smith, Snyder & Hofmeister, P.C., Scottsbluff, for appellant.

William T. Wright, of Jacobsen, Orr, Nelson, Wright, Harder & Lindstrom, P.C., Kearney, for appellee J.P. Theisen & Sons.

Gary J. Nedved, of Bruckner, O'Gara, Keating, Hendry, Davis & Nedved, P.C., Lincoln, for appellee D.P. Sawyer.

WHITE, C.J., and CAPORALE, WRIGHT, CONNOLLY, and GERRARD, JJ., and FLOWERS, District Judge, and BOSLAUGH, J., Retired.

WHITE, Chief Justice.

Shelly Slagle, as the personal representative of the estate of Maria Slagle, appeals from the trial court's grant of summary judgment in favor of defendants J.P. Theisen & Sons, Inc. (Theisen) and D.P. Sawyer, Inc. (Sawyer). We reverse, and remand for further proceedings.

For several weeks prior to April 1992, Highway 70 had been under construction but open to traffic. However, on April...

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