Carpender v. Bendorf

Grant, J.,

Retired.

This case arose out of an automobile-pedestrian accident which occurred in Omaha, Nebraska, on May 27, 1987. Plaintiff Annette Carpender (plaintiff) sued Peony Park, Inc., and Richard Bendorf (defendant) for injuries and damages she received as a result of the accident. Her husband, Jack Carpender, joined in the petition.

After answer, Peony Park filed its motion for summary judgment, which was granted. The Carpenders did not appeal from that judgment, and Peony Park will not be further considered.

Defendant answered, generally denying the Carpenders’ allegations as to how the…