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McLAUGHLIN FREIGHT LINES, INC. v. GENTRUP

No. S-10-637.

798 N.W.2d 386 (2011)

281 Neb. 725

McLAUGHLIN FREIGHT LINES, INC., an Iowa Corporation, appellant, v. Marvin GENTRUP, appellee.

Supreme Court of Nebraska.

June 10, 2011.

Attorney(s) appearing for the Case

Damien J. Wright , of Welch Law Firm, P.C., Omaha, for appellant.

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

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

GERRARD, J.

This appeal rises out of a collision between a semi-trailer truck owned by McLaughlin Freight Lines, Inc. (McLaughlin), and cattle owned by Marvin Gentrup. After the accident, McLaughlin filed this suit, seeking recovery for damages to its truck. McLaughlin's sole theory of recovery was premised on the doctrine of res ipsa loquitur. Gentrup moved for summary judgment. After a hearing, the district court determined that pursuant to Neb.Rev.Stat. §...

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