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ALSOBROOK v. JIM EARP CHRYSLER-PLYMOUTH

No. S-06-383.

740 N.W.2d 785 (2007)

274 Neb. 374

Jerry ALSOBROOK, Appellant v. JIM EARP CHRYSLER-PLYMOUTH, LTD., a Nebraska Corporation, Appellee.

Supreme Court of Nebraska.

October 26, 2007.

Attorney(s) appearing for the Case

Pamela Epp Olsen, of Cline, Williams, Wright, Johnson & Oldfather, P.C., Lincoln, for appellant.

Joseph F. Gross, Jr., of Timmermier, Gross & Prentiss, Omaha, for appellee.

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

GERRARD, J.

Jerry Alsobrook alleges that Jim Earp Chrysler-Plymouth, Ltd. (Earp), negligently repaired his vehicle, which caused Alsobrook to lose control of his car and collide with construction barrels. Alsobrook's insurer paid the damages and now, through Alsobrook, brings a subrogation claim against Earp. While this action was pending, Earp's insurer became insolvent. The primary issue presented in this appeal is whether Alsobrook's claim against Earp is barred...

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