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WILKE v. WOODHOUSE FORD, INC.

No. S-08-807.

774 N.W.2d 370 (2009)

278 Neb. 800

Elizabeth A. WILKE and Mark Wilke, Husband and Wife, Appellants, v. WOODHOUSE FORD, INC., a Nebraska Corporation, Appellee.

Supreme Court of Nebraska.

November 6, 2009.

Attorney(s) appearing for the Case

Melany S. Chesterman, of Hauptman, O'Brien, Wolf & Lathrop, P.C., Omaha, for appellants.

Brian D. Nolan, of Nolan, Olson, Hansen, Lautenbaugh & Buckley, L.L.P., Omaha, for appellee.

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

McCORMACK, J.

I. NATURE OF CASE

Elizabeth A. Wilke and her husband, Mark Wilke, purchased a van from Woodhouse Ford, Inc. (Woodhouse). That same day, Elizabeth was injured when their 3-year-old daughter allegedly pulled the gearshift out of park, allowing the van to roll over Elizabeth's foot and leg, causing her to fall and hit her head on a concrete driveway. The Wilkes testified that the key was out of the ignition at the time of the accident. The van...

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