Opinion
No. 89-400.
Filed July 5, 1991.
Appeal from the District Court for Lancaster County, JEFFRE CHEUVRONT, Judge, upon the recommendation of the Appellate Division of the District Court, BUCKLEY, DAVIS, and ILLINGWORTH, District Judges. Reversed and remanded for further proceedings.
Rollin R. Bailey, of Bailey, Polsky, Cada, Cope Wood, for appellants.
Shirley K. Williams, of Knudsen, Berkheimer, Richardson Endacott, for appellee.
HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.
Upon 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.