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SEMLER v. SEARS, ROEBUCK AND CO.

No. S-03-995.

689 N.W.2d 327 (2004)

268 Neb. 857

Lawrence A. SEMLER, appellant and cross-appellee, v. SEARS, ROEBUCK AND COMPANY, appellee and cross-appellee, and The Waldinger Corporation, appellee and cross-appellant.

Supreme Court of Nebraska.

December 3, 2004.

Attorney(s) appearing for the Case

Kenneth Cobb, of Law Office of Kenneth Cobb, P.C., Lincoln, for appellant.

Timothy E. Clarke, of Baylor, Evnen, Curtiss, Grimit & Witt, L.L.P., Lincoln, for appellee The Waldinger Corporation.

Brian S. Kruse and Glen Th. Parks, of Rembolt, Ludtke & Berger, L.L.P., Lincoln, for appellee Sears, Roebuck and Company.

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

HENDRY, C.J.

INTRODUCTION

Lawrence A. Semler brought this action against Sears, Roebuck and Company (Sears) and The Waldinger Corporation (Waldinger) for injuries he sustained in a fall while using a ladder. In particular, Semler's petition alleged that Sears was negligent in providing an unsafe ladder for his use, specifically alleging that the ladder failed to have "rubber shoes." Waldinger was named a defendant due to its claimed subrogated interest in...

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