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HAMILTON v. NESTOR

No. S-02-356.

659 N.W.2d 321 (2003)

265 Neb. 757

Christopher S. HAMILTON, Appellant, v. Wayne NESTOR, Personal Representative of the Estate of DiAnn K. Nestor, deceased, Appellee.

Supreme Court of Nebraska.

April 18, 2003.

Attorney(s) appearing for the Case

John M. Lefler, Lincoln, for appellant.

Jamse M. Bausch, Tracy A. Oldemeyer, and Pamela K. Epp, of Cline, Williams, Wright, Johnson & Oldfather, P.C., Lincoln, for appellee.

CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

STEPHAN, J.

In this action arising from a motor vehicle accident, the district court for Gage County held as a matter of law that Christopher S. Hamilton could not recover on his negligence claim. The court reasoned that Hamilton suffered no physical injury in the accident and therefore could not recover damages for his emotional distress caused by the accident. Hamilton appeals from a denial of his motion for new trial.

FACTS

In Hamilton's operative...

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