Calvert v. Roberts Dairy Co.

The plaintiff, Sandra Calvert, appeals the order of the district court sustaining the defendant’s demurrer and dismissing the plaintiff’s petition with prejudice. We reverse and remand for further proceedings.

The petition, filed on May 15,1990, alleges that plaintiff was at all times a resident of the State of Iowa and the defendant was a Nebraska corporation. The petition further alleges damages arising out of an accident as a result of the negligence of the defendant occurring in Council Bluffs, Iowa. Defendant demurred “pursuant to Neb. Rev. Stat. §25-806 for the reason that on the face of…