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OLIVOTTO v. DeMARCO BROS. CO.

No. S-05-1526.

732 N.W.2d 354 (2007)

273 Neb. 672

Romana I. OLIVOTTO, Widow of Joe Olivotto, Appellee and Cross-Appellant, v. DeMARCO BROTHERS COMPANY, Appellant and Cross-Appellee.

Supreme Court of Nebraska.

June 1, 2007.

Attorney(s) appearing for the Case

Thomas F. Hoarty, Jr., of Byam & Hoarty, Omaha, for appellant.

Michael J. Lehan, Omaha, for appellee.

Jerald L. Rauterkus and Patrick R. Guinan, of Erickson & Sederstrom, P.C., L.L.O., Omaha, for Cornhusker Casualty Company, workers' compensation carrier for appellant.

Ronald E. Frank, of Sodoro, Daly & Sodoro, Omaha, for St. Paul Fire & Marine Insurance Company, workers' compensation carrier for appellant.

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

WRIGHT, J.

NATURE OF CASE

Joe Olivotto (Olivotto) worked for DeMarco Brothers Company (DeMarco) as a terrazzo installer from 1954 to 1980. During this time, Olivotto was allegedly exposed to asbestos. He died in 2004 from malignant pleural mesothelioma. In this workers' compensation action, Romana I. Olivotto (Mrs. Olivotto) sought from DeMarco death benefits and compensation for medical bills. The trial court awarded her a weekly indemnity benefit, medical...

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