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Durre v. Wilkinson Development, Inc.

Nebraska Supreme Court
830 N.W.2d 72 (2013)

Facts

Tri-City Sign Company (Tri-City) (defendant) installed a large restaurant sign on May 15, 1999. On April 3, 2009 the sign collapsed onto a truck driven by Durre (plaintiff), injuring him and killing his wife. On November 13, 2009, Durre brought a negligence suit against Wilkinson Development, Inc. (Wilkinson) (defendant), the owner of the parking lot where the sign was located. On March 10, 2011, Durre added Tri-City to the complaint. Tri-City filed a motion for summary judgment based on Nebraska’s 10-year statute of repose. The trial court granted the motion. Durre appealed.

Rule of Law

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Issue

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Holding and Reasoning (Wilkins, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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