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DEAN v. YAHNKE

No. S-02-925.

670 N.W.2d 28 (2003)

266 Neb. 820

Cheri R. DEAN, Appellant, v. Sharon K. YAHNKE, Appellee.

Supreme Court of Nebraska.

October 3, 2003.

Attorney(s) appearing for the Case

Richard H. Hoch, of Hoch, Funke & Kelch, Nebraska City, for appellant.

Kelly K. Brandon, and, on brief, Thomas A. Otepka, of Woodke, Otepka & Gibbons, P.C., Bellevue, for appellee.

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

HENDRY, C.J.

INTRODUCTION

This is a negligence action in which appellant, Cheri R. Dean, alleged that she injured herself when she fell due to a break "between the cement" in the public sidewalk abutting property owned by appellee, Sharon K. Yahnke, in Peru, Nebraska, a city of the second class. After a hearing on Yahnke's motion for summary judgment, the district court found that under the city's ordinances, the city had failed to "shift" the duty to maintain...

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