Whalen v. U S West Communications, Inc.

Michael Whalen appeals the district court’s summary judgment in favor of U S West Communications, Inc. (U S West). The court concluded that U S West neither owed nor breached a duty of due care to Whalen and ordered Whalen’s action against U S West dismissed with prejudice.

I. SCOPE OF REVIEW

In reviewing a summary judgment, an appellate court views the evidence in a light most favorable to the party against whom the judgment is granted and gives such party the benefit of all reasonable inferences deducible from the evidence. Kramer v. Kramer, 252 Neb. 526, 567 N.W.2d 100 (1997); Bowling…