Opinion
No. 88-285.
Filed May 18, 1990.
Appeal from the District Court for Douglas County, LAWRENCE J. CORRIGAN, Judge, upon the recommendation of the Appellate Division of the District Court, RIST, BARTU, and GARDEN, District Judges. Reversed and remanded for further proceedings.
Dan D. Stoller for appellant.
Joni R. Kerr, of Kennedy, Holland, DeLacy Svoboda, for appellee.
HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.
Upon our consideration of the record, briefs, and recommendation of the Appellate Division of the District Court, we find that a question exists as to a material fact or the inference to be drawn therefrom, and, accordingly, the defendant was not entitled to summary judgment. The judgment of the district court is reversed and the cause remanded for further proceedings.
REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.