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BLUE CROSS AND BLUE SHIELD v. DAILEY

No. S-03-394.

687 N.W.2d 689 (2004)

268 Neb. 733

BLUE CROSS AND BLUE SHIELD OF NEBRASKA, INC., appellee and cross-appellant v. Lemoyne E. DAILEY, appellant and cross-appellee, and Union Pacific Railroad Company, appellee and cross-appellee.

Supreme Court of Nebraska.

October 22, 2004.

Attorney(s) appearing for the Case

Todd R. McWha and Keith A. Harvat, of Waite, McWha & Harvat, North Platte, for appellant.

John F. Thomas and Michael T. Eversden, of McGrath, North, Mullin & Kratz, P.C., Omaha, for appellee Blue Cross and Blue Shield of Nebraska, Inc.

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

WRIGHT, J.

NATURE OF CASE

Blue Cross and Blue Shield of Nebraska, Inc. (Blue Cross), sued Lemoyne E. Dailey, who was insured by Blue Cross, and the Union Pacific Railroad Company (Union Pacific). Blue Cross sought reimbursement of medical payments it had made on behalf of Dailey due to the alleged negligence of Union Pacific. The Douglas County District Court sustained Blue Cross' motion for summary judgment and...

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