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LEXINGTON INS. CO. v. ENTREX COMMUNICATION

No. S-06-1452.

749 N.W.2d 124 (2008)

275 Neb. 702

LEXINGTON INSURANCE COMPANY, et al., Appellants, v. ENTREX COMMUNICATION SERVICES, INC., et al., Appellees.

Supreme Court of Nebraska.

May 16, 2008.

Attorney(s) appearing for the Case

J. Joseph McQuillan, of Walentine, O'Toole, McQuillan & Gordon, Omaha, and Jeffrey R. Learned, Charles R. Tuffley, and Alyssa J. Endelman, of Grotefeld & Denenberg, L.L.C., Bloomfield Hills, MI, for appellants.

William R. Johnson and Craig F. Martin, of Lamson, Dugan & Murray, L.L.P., Omaha, and Raymond E. Walden, for appellee Entrex Communication Services, Inc.

Thomas A. Grennan and Francie C. Riedmann, of Gross & Welch, P.C., L.L.O., Omaha, for appellee Communication Structures & Services, Inc.

Dean Suing, of Katskee, Henatch & Suing, Omaha, for appellee Dudutis Erection & Maintenance, Inc.

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

CONNOLLY, J.

Hearst-Argyle Properties, Inc., and the Hearst Corporation (collectively Hearst) owned a television broadcast tower in Omaha, Nebraska. In February 2003, Hearst contracted with Entrex Communication Services, Inc. (Entrex), to upgrade the antenna on the tower. After the tower collapsed in July 2003, Hearst sued Entrex. Hearst alleged that Entrex's gross negligence caused the collapse. Entrex moved for summary judgment. Entrex claimed that a waiver of subrogation...

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