MONDELLI v. KENDEL HOMES CORP.

Nos. S-00-296, S-00-297.

631 N.W.2d 846 (2001)

262 Neb. 263

Barbara R. MONDELLI, Appellant and Cross-Appellee, v. KENDEL HOMES CORPORATION, a Nebraska corporation, and City of Papillion, Nebraska, a political subdivision of the State of Nebraska, Appellees and Cross-Appellants. Vito B. Mondelli, Appellant and Cross-Appellee, v. Kendel Homes Corporation, a Nebraska corporation, and City of Papillion, Nebraska, a political subdivision of the State of Nebraska, Appellees and Cross-Appellants.

Supreme Court of Nebraska.

July 20, 2001.


Attorney(s) appearing for the Case

W. Craig Howell and Nora M. Kane, Omaha, of Domina Law, P.C., for appellants.

Richard C. Gordon and Betty L. Egan, Omaha, of Walentine, O'Toole, McQuillan & Gordon, for appellee Kendel Homes Corp.

Thomas M. Locher and Thomas M. Braddy, Omaha, of Locher, Cellilli, Pavelka & Dostal, L.L.C., for appellee City of Papillion.

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


WRIGHT, Justice.

I. NATURE OF CASE

Barbara R. Mondelli and Vito B. Mondelli (Mondellis), individually and on behalf of their children, Jacqueline and Anthony, sought to recover damages for personal injuries allegedly sustained as a result of the defective construction of their home in Papillion, Nebraska. The district court granted partial summary judgment for the City of Papillion (City) based on the court's finding that the City did not owe an actionable...

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