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KULHANEK v. UNION PACIFIC R. CO.

No. A-98-515.

598 N.W.2d 67 (1999)

8 Neb. App. 564

Evelyn M. KULHANEK, appellant, v. UNION PACIFIC RAILROAD COMPANY, a foreign corporation, et al., appellees.

Court of Appeals of Nebraska.

July 27, 1999.

Attorney(s) appearing for the Case

James A. Davis, of Davis & Associates, Fremont, for appellant.

Raymond J. Hasiak, Omaha, and Anne Marie O'Brien, for appellee Union Pacific Railroad Company.

HANNON, SIEVERS, and CARLSON, Judges.

CARLSON, Judge.

INTRODUCTION

Evelyn M. Kulhanek appeals from a grant of summary judgment by the district court for Dodge County, Nebraska, in this negligence action. For the reasons set forth below, we reverse.

BACKGROUND

On July 19, 1995, at approximately 1:30 a.m., Kulhanek was driving a van along a service road within the Fremont, Nebraska, rail yard, transporting two employees of the Union Pacific Railroad Company (Union Pacific). Kulhanek...

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