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KIMMINAU v. CITY OF HASTINGS

No. S-14-413.

864 N.W.2d 399 (2015)

291 Neb. 133

Kaelynn KIMMINAU and Wayne Kimminau, wife and husband, appellants, v. CITY OF HASTINGS, a Nebraska political subdivision, et al., appellees.

Supreme Court of Nebraska.

Filed June 19, 2015.

Attorney(s) appearing for the Case

Douglas G. Pauley and Scott D. Pauley , of Conway, Pauley & Johnson, P.C., Hastings, and Jefferson Downing , of Keating, O'Gara, Nedved & Peter, P.C., L.L.O., Lincoln, for appellants.

Stephen L. Ahl and Krista M. Carlson , of Wolfe, Snowden, Hurd, Luers & Ahl, L.L.P., Lincoln, for appellees R Lazy K Trucking, Inc., and Wayne Todd.

Gail S. Perry and Robert B. Seybert , of Baylor, Evnen, Curtiss, Grimit & Witt, L.L.P., Lincoln, for appellee City of Hastings.

Vincent Valentino and Brandy Johnson , Lincoln, for appellee County of Adams.

Stephen G. Olson , Robert S. Keith , and Kristina J. Kamler , of Engles, Ketcham, Olson & Keith, P.C., Omaha, for appellee Hastings Rural Fire District.

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

Kaelynn Kimminau and her husband, Wayne Kimminau, brought this action seeking damages for personal injuries Kaelynn suffered as the result of a motor vehicle accident in rural Adams County, Nebraska, in November 2009. They alleged that Kaelynn lost control of her vehicle due to corn mash which had spilled from a truck onto the highway...

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