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HIGGINBOTHAM v. SUKUP

No. A-06-624.

737 N.W.2d 910 (2007)

15 Neb. App. 821

Rebecca HIGGINBOTHAM, Appellant v. Benjamin SUKUP, Appellee.

Court of Appeals of Nebraska.

July 24, 2007.

Attorney(s) appearing for the Case

Kathleen Koenig Rockey and Christopher C. Hilkemann, of Copple, Rockey & McKeever, P.C., L.L.O., Norfolk, for appellant.

Todd B. Vetter, of Fitzgerald, Vetter & Temple, Norfolk, for appellee.

INBODY, Chief Judge, and SIEVERS and CASSEL, Judges.

INBODY, Chief Judge.

INTRODUCTION

Following a jury trial, Rebecca Higginbotham was awarded $6,464.58 in damages against Benjamin Sukup. The district court for Madison County, Nebraska, overruled Higginbotham's motion for new trial on the basis that the trial court erred in refusing to give one of her proposed jury instructions, and Higginbotham has appealed. For the reasons set forth herein, we reverse the judgment of the district court and remand the cause...

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