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MALOLEPSZY v. STATE

No. S-04-667.

699 N.W.2d 387 (2005)

270 Neb. 100

James MALOLEPSZY and Lynn Malolepszy, appellants, v. STATE of Nebraska, defendant and third-party plaintiff, appellee, and Chas. Vrana & Son Construction Co., third-party defendant, appellee.

Supreme Court of Nebraska.

July 1, 2005.

Attorney(s) appearing for the Case

James E. Schaefer and Jill A. Daley, Senior Certified Law Student, of Gallup & Schaefer, for appellants.

Jon Bruning, Attorney General, and Matthew F. Gaffey for appellee State of Nebraska.

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

MILLER-LERMAN, J.

NATURE OF CASE

James Malolepszy was injured in a motor vehicle accident which occurred in a highway construction zone. James and his wife, Lynn Malolepszy, appellants, sued the State of Nebraska, an appellee, in the district court for Douglas County. The State filed a third-party complaint against Chas. Vrana & Son Construction Co. (Vrana), the company contracted by the State to carry out the highway construction, and Charles Atkins...

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