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RUSSELL v. STRICKER

No. S-00-264.

635 N.W.2d 734 (2001)

262 Neb. 853

Kevin D. RUSSELL, Appellant, v. Brant STRICKER and Lee Swires, Appellees.

Supreme Court of Nebraska.

November 30, 2001.

Attorney(s) appearing for the Case

James L. Zimmerman, of Sorensen & Zimmerman, P.C., Scottsbluff, for appellant.

John F. Simmons, of Simmons, Olsen, Ediger, Selzer, Ferguson & Carney, P.C., Scottsbluff, for appellee Stricker.

Leland K. Kovarik, of Holtorf, Kovarik, Ellison & Mathis, P.C., Gering, for appellee Swires.

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

HENDRY, C.J.

INTRODUCTION

Kevin D. Russell brought a negligence action against Brant Stricker and Lee Swires (collectively defendants) for injuries Russell sustained as a passenger in Stricker's truck when Stricker engaged in a speed contest with Swires. The jury found Russell 36 percent negligent, Stricker 47 percent negligent, and Swires 17 percent negligent. Russell was awarded $17,330, which was 64 percent of the $27,077 total award. The court granted...

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