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FISCEL v. BEACH

No. S-96-1085.

578 N.W.2d 52 (1998)

254 Neb. 678

Donald Ray FISCEL, Appellee, v. Randall BEACH, doing business as Progressive Rentals, Appellant.

Supreme Court of Nebraska.

May 22, 1998.

Attorney(s) appearing for the Case

Terry K. Gutierrez, of Gast, Ratz & Gutierrez, P.C., Omaha, for appellant.

John H. Sohl, Wahoo, for appellee.

WHITE, C.J., and CAPORALE, WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.

WHITE, Chief Justice.

This is a slip-and-fall lawsuit which appellee, Donald Ray Fiscel, filed against appellant, Randall Beach, doing business as Progressive Rentals, after Fiscel injured his lower back due to a slip and fall on an icy driveway in Beach's trailer park. Linda Fiscel also filed suit against Beach for loss of consortium; her claim is not at issue.

At the close of Fiscel's evidence, Beach moved for a directed verdict, arguing Fiscel was contributorily...

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