Legal Opinion
Dukat v. Leiserv, Inc.
Nebraska Court of Appeals
Decided April 28, 1998No. A-96-1257PublishedCited by 1 opinion
1Opinion of the Court
Sievers, Judge.
INTRODUCTION
We consider whether a jury should be instructed on the defense of assumption of risk when (1) the plaintiff slips and falls on an icy sidewalk outside of a bowling alley, (2) the property owner admits that the sidewalk was the only way in and out of the bowling alley, and (3) the injured plaintiff had prior knowledge of the sidewalk’s icy condition.
FACTUAL BACKGROUND
Rebecca S. Dukat arrived at Mockingbird Lanes, a bowling alley in Omaha, Nebraska, at approximately 6 p.m. on Wednesday, February 2, 1994, to bowl in her league game. Witnesses described the night of…
2Cases cited21 opinions
- Anderson v. Service Merchandise Co., Inc.Nebraska Supreme Court · 1992
- Sacco v. CarothersNebraska Supreme Court · 1997
- Schwab v. Allou CorporationNebraska Supreme Court · 1964
- Swiler v. Baker's Super Market, Inc.Nebraska Supreme Court · 1979
- Mandery v. Chronicle Broadcasting Co.Nebraska Supreme Court · 1988
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3Cited by1 opinion
- Dukat v. Leiserv, Inc.Nebraska Supreme Court · 1998