Dean v. Yahnke

INTRODUCTION

This is a negligence action in which appellant, Cheri R. Dean, alleged that she injured herself when she fell due to a break “between the cement” in the public sidewalk abutting property owned by appellee, Sharon K. Yahnke, in Peru, Nebraska, a city of the second class. After a hearing on Yahnke’s motion for summary judgment, the district court found that under the city’s ordinances, the city had failed to “shift” the duty to maintain the sidewalk from the city to Yahnke because the city failed to provide proper notice to Yahnke. The court therefore determined that Yahnke owed no…