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Markvicka v. Brodhead-Garrett Co.

United States District Court for the District of Nebraska
76 F.R.D. 205 (D. Neb. 1977)

Facts

Markvicka (plaintiff) was injured during a woodworking class while using a jointer machine. Markvicka sued Brodhead-Garrett Co. (Brodhead) (defendant), the manufacturer of the jointer machine, for defective design and condition. Brodhead filed a third-party complaint against the School District of Ralston (School District) (defendant), alleging that the School District negligently maintained the equipment and improperly supervised Markvicka. Brodhead asserted that the School District was liable to Brodhead for indemnity in the event Brodhead was found liable for Markvicka’s injuries. The School District moved to dismiss the third-party complaint.

Rule of Law

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Issue

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Holding and Reasoning (Denny, 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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