PHILPOT v. AGUGLIA

No. S-99-235.

611 N.W.2d 93 (2000)

259 Neb. 573

Kathleen J. PHILPOT, Personal Representative of the Estate of Christopher A. Philpot, deceased, appellant, v. Biagio AGUGLIA, individually and as Personal Representative of the Estate of Linda S. Aguglia, deceased, and Enterprise Rent-A-Car Company—Midwest, appellees.

Supreme Court of Nebraska.

May 26, 2000.


Attorney(s) appearing for the Case

Douglas L. Kluender, Stephen L. Ahl, and Fred B. Campbell, Jr., of Wolfe, Snowden, Hurd, Luers & Ahl, Lincoln, for appellant.

Thomas A. Grennan and Francie C. Riedmann, of Gross & Welch, P.C., Omaha, for appellee Enterprise Rent-A-Car— Midwest.

Stephen S. Gealy and Timothy E. Clarke, of Baylor, Evnen, Curtiss, Grimit & Witt, Omaha, for appellees Biagio Aguglia and Estate of Linda S. Aguglia.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


CONNOLLY, J.

This case requires us to decide whether a 1997 Dodge Grand Caravan (minivan) is a "truck" under the leased truck and trailer liability provision found at Neb.Rev. Stat. § 25-21,239 (Cum.Supp.1998).

Kathleen J. Philpot, plaintiff-appellant, brought this action seeking damages following a two-vehicle collision. At the time of the collision, Linda S. Aguglia (Linda) was operating the minivan which her husband, defendant-appellee Biagio Aguglia...

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