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NOLASCO v. MALCOM

Nos. S-19-729, S-19-730.

949 N.W.2d 201 (2020)

307 Neb. 309

Gaspar NOLASCO, Personal Representative of the Estate of Maria E. Nolasco, deceased, appellant, v. Brennon MALCOM, Special Administrator of the Estate of Catarina A. Nolasco, deceased, appellee. Gaspariny Nolasco, appellant, v. Brennon Malcom, Special Administrator of the Estate of Catarina A. Nolasco, deceased, appellee.

Supreme Court of Nebraska.

Filed September 25, 2020.

Attorney(s) appearing for the Case

Tod A. McKeone , of Heldt, McKeone & Copley, Lexington, for appellants.

Elizabeth Ryan Cano and Stephen L. Ahl , of Wolfe, Snowden, Hurd, Ahl, Sitzmann, Tannehill & Hahn, L.L.P., Lincoln, for appellee.

Daniel J. Thayer , of Thayer & Thayer, P.C., L.L.O., and Benjamin I. Siminou , of Siminou Appeals, Inc., for amicus curiae Nebraska Association of Trial Attorneys.

Miller-Lerman, Cassel, Stacy, Funke, Papik, and Freudenberg, JJ.

Appellants' automobile negligence actions were dismissed on summary judgment after the district court concluded they were barred by the parental immunity doctrine. In these consolidated appeals, appellants challenge the applicability and the continued viability of that doctrine in Nebraska.1 After considering...

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