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HERTZEL v. PALMYRA SCHOOL DIST.

No. A-05-711.

733 N.W.2d 578 (2007)

15 Neb. App. 538

Robert Lewis HERTZEL III, by and Through Robin JOPLIN, his Mother and next best friend, appellant, v. The PALMYRA SCHOOL DISTRICT, District OR1, appellee.

Court of Appeals of Nebraska.

May 15, 2007.

Attorney(s) appearing for the Case

Mark T. Bestul and Vincent M. Powers, of Vincent M. Powers & Associates, Lincoln, for appellant.

Randall L. Goyette and Jarrod S. Boitnott, of Baylor, Evnen, Curtiss, Grimit & Witt, L.L.P., Lincoln, for appellee.

SIEVERS and CASSEL, Judges, and HANNON, Judge, retired.

SIEVERS, Judge.

Robert Lewis Hertzel III, by and through Robin Joplin, his mother and next best friend, appeals from the decision of the district court for Lancaster County which granted summary judgment in favor of the Palmyra School District, District OR1 (PSD). Hertzel's claim was that while he was a kindergartner at Bennet Elementary School, PSD was negligent in failing to protect him from bodily harm caused by another kindergartner, who will be referred to as...

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