Gilbert v. City of Tekamah

I must respectfully dissent from the majority in this case. I believe that the district court was correct in granting summary judgment. As noted by the majority:

A party is entitled to summary judgment if the pleadings, depositions, and admissions on file, together with any affidavits, show that there is no genuine issue of material fact, that the ultimate inferences to be drawn from those facts are clear, and that the moving party is entitled to judgment as a matter of law. Smith v. Baker’s Local No. 433 Welfare Fund, ante p. 215, 375 N.W.2d 922 (1985).

In my view the appellant was barred from…