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ESTATE OF COE v. WILLMES TRUCKING, L.L.C.

No. S-03-1332.

689 N.W.2d 318 (2004)

268 Neb. 880

ESTATE OF Franklin Norman Lee COE, also Known as Norman Coe, Deceased, et al., appellants, v. WILLMES TRUCKING, L.L.C., et al., appellees.

Supreme Court of Nebraska.

December 3, 2004.

Attorney(s) appearing for the Case

Terry R. Wittler, of Cline, Williams, Wright, Johnson & Oldfather, L.L.P., Lincoln, for appellants.

Michael E. Sullivan, of Helmann & Sullivan, P.C., and Patrick B. Donahue, of Cassem, Tierney, Adams, Gotch & Douglas, Hastings, for appellees.

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

CONNOLLY, J.

While Franklin Norman Lee Coe was driving a truck for his employer, Willmes Trucking, L.L.C. (Company), Coe fell asleep; he died in the resulting accident. After Coe's death, his estate and his two surviving dependents, Pamela Coe and Michael Coe (collectively the appellants), filed workers' compensation proceedings against the Company and its two members, Ronald Willmes and his wife, Sharon Willmes (collectively the appellees). The

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