Mondelli v. Kendel Homes Corp.

I. NATURE OF CASE

Barbara R. Mondelli and Vito B. Mondelli (Mondellis), individually and on behalf of their children, Jacqueline and Anthony, sought to recover damages for personal injuries allegedly sustained as a result of the defective construction of their home in Papillion, Nebraska. The district court granted partial summary judgment for the City of Papillion (City) based on the court’s finding that the City did not owe an actionable duty to the Mondellis.

In an earlier appeal, this court determined that genuine issues of material fact existed as to whether the City breached a legal duty…