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KELLY v. CUTCH, INC.

No. A-18-761.

938 N.W.2d 102 (2019)

27 Neb. App. 921

Dock KELLY III, appellant, v. CUTCH, INC., a Nebraska corporation, doing business as Burger Star Restaurant, and Cutchall Management Company, Inc., appellees.

Court of Appeals of Nebraska.

Filed December 31, 2019.

Attorney(s) appearing for the Case

James E. Harris and Britany S. Shotkoski , of Harris & Associates, P.C., L.L.O., Omaha, and Daniel L. Draisen , of Krause, Moorhead & Draisen, P.A., for appellant.

David D. Ernst , Omaha, and Jeffrey A. Nix , of Pansing, Hogan, Ernst & Bachman, L.L.P., for appellees.

Riedmann, Arterburn, and Welch, Judges.

INTRODUCTION

Dock Kelly III appeals a jury verdict in his favor awarding him damages for injuries he sustained in a slip-and-fall accident. On appeal, he alleges that the district court for Douglas County erred in refusing to give his proposed jury instruction on the aggravation of a preexisting condition and failed to...

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