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BORLEY STORAGE AND TRANSFER CO. v. WHITTED

No. S-01-1139.

657 N.W.2d 911 (2003)

265 Neb. 533

BORLEY STORAGE AND TRANSFER CO., INC., Appellee, v. Warren R. WHITTED, Jr., Appellant.

Supreme Court of Nebraska.

March 21, 2003.

Attorney(s) appearing for the Case

Jeffrey H. Jacobsen and Bradley D. Holbrook, of Jacobsen, Orr, Nelson, Wright & Lindstrom, P.C., Kearney, for appellant.

Daniel L. Aschwege and John H. Marsh, of Knapp, Fangmeyer, Aschwege, Besse & Marsh, P.C., Kearney, for appellee.

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

McCORMACK, J.

NATURE OF CASE

Borley Storage and Transfer Co., Inc. (Borley Storage), brought this malpractice action against Warren R. Whitted, Jr., a licensed attorney in Nebraska. The district court on May 18, 1999, entered partial summary judgment in Borley Storage's favor on the issues of Whitted's employment and his breach of duty. The case proceeded to trial on the issues of proximate causation and damages, and a jury returned a verdict in favor of...

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