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DURKAN v. VAUGHAN

No. S-99-216.

609 N.W.2d 358 (2000)

259 Neb. 288

Russell Joseph DURKAN, appellant, v. Joseph G. VAUGHAN and LeeAnn A. Vaughan, husband and wife, appellees.

Supreme Court of Nebraska.

April 21, 2000.

Attorney(s) appearing for the Case

David L. Herzog, of Herzog & Herzog, P.C., Omaha, for appellant.

Theodore J. Stouffer, of Cassem, Tierney, Adams, Gotch & Douglas, Omaha, for appellees.

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

CONNOLLY, J.

The appellant, Russell Joseph Durkan, filed a second amended petition alleging that the appellees, Joseph G. Vaughan and LeeAnn A. Vaughan, were negligent in failing to supervise the conduct of their adult son who allegedly assaulted Durkan. Durkan alleged that the Vaughans had knowledge of prior assaultive behavior on the part of their son. The Vaughans moved for summary judgment. At the hearing on the motion for summary judgment, Durkan offered an exhibit...

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