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Wilke v. Woodhouse Ford, Inc.
Nebraska Supreme Court
774 N.W.2d 370 (2009)
Elizabeth Wilke (plaintiff) purchased a used van from Woodhouse Ford, Inc. (defendant). The terms of the sale stated that the van was purchased “as is.” On the day of the purchase, Wilke’s three-year-old daughter pulled the gearshift out of park, which caused the van to run over Wilke’s foot and leg. The key was not in the ignition at the time. Wilke and her husband sued Woodhouse, alleging negligence. The Wilkes asserted that Woodhouse failed to reasonably inspect the van for safety defects prior to the sale. The trial court granted Woodhouse’s motion for summary judgment. The Wilkes appealed.
Rule of Law
Holding and Reasoning (McCormack, J.)
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