Weiss v. Autumn Hills Investment Co.

I respectfully dissent because, in my view, a proper application of this jurisdiction’s prior decisions to the facts of this case required the trial court to dismiss plaintiff’s action at the close of all the evidence, as requested by the defendant.

Neb. Rev. Stat. § 25-21,185 (Reissue 1985) bars a plaintiff from recovery if, upon a comparison of the plaintiff’s negligence with that of the defendant, the defendant was guilty of less than gross negligence and the plaintiff was guilty of more than slight negligence. I recognize the statute also provides that all questions of negligence and…