Dukat v. Leiserv, Inc.

NATURE OF CASE

This is a petition for further review of the Nebraska Court of Appeals’ order of reversal and remand for a new trial on the negligence claim of appellant, Rebecca S. Dukat, against appellee, Leiserv, Inc., doing business as Mockingbird Lanes. Leiserv asserts that the Court of Appeals erred in determining that the trial court should not have instructed the jury on the theory of assumption of risk. We affirm.

BACKGROUND

Dukat arrived at Mockingbird Lanes, a bowling alley in Omaha, Nebraska, at approximately 6 p.m. on February 2, 1994, to bowl in her league games. Dukat walked from…