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Lamprecht v. Schluntz

870 N.W.2d 646 (2015)

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Lamprecht v. Schluntz

Nebraska Court of Appeals

870 N.W.2d 646 (2015)

Facts

Brent and Gerald Schluntz (defendants) were harvesting their wheat farm when Brent saw a flash under the tractor they were using. The flash started a fire that spread quickly onto Arthur and Linda Lamprecht’s (plaintiffs) neighboring farm, causing damage. Brent later found a burnt wire under the tractor. The Schluntzes thought that the fire may have been caused by an electrical short in the tractor, but they were not sure. The Lamprechts brought suit against the Schluntzes based on a theory of res ipsa loquitur. The trial court granted the Schluntzes summary judgment. The Lamprechts appealed.

Rule of Law

Issue

Holding and Reasoning (Bishop, J.)

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