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ORDUNA v. TOTAL CONST. SERVICES, INC.

No. S-05-101.

713 N.W.2d 471 (2006)

271 Neb. 557

John H. ORDUNA, Jr., appellee, v. TOTAL CONSTRUCTION SERVICES, INC., appellant.

Supreme Court of Nebraska.

May 5, 2006.

Attorney(s) appearing for the Case

Danene J. Tushar and Jeremy B. Morris, of Fraser, Stryker, Meusey, Olson, Boyer & Bloch, P.C., Omaha, for appellant.

Robert M. Slovek, Gillian G. O'Hara, and Richard P. Jeffries, of Kutak Rock, L.L.P., Omaha, for appellee.

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

GERRARD, J.

After a fire damaged his home, John H. Orduna, Jr., was forced to move out while Total Construction Services, Inc. (Total), completed repairs to the house. Orduna visited the house after construction had commenced and, unaware that the basement stairs had been removed during construction, fell through the open stairwell, fracturing his ankle. Orduna filed a negligence action against Total and, following a jury trial, was awarded a $183,000 verdict. The...

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