Kenney Ex Rel. Kenney v. Barna

This was an action brought by the plaintiff, Gerald L. Kenney, father and next friend of Debbie L. Kenney, a minor, under Neb. Rev. Stat. § 54-601 (Reissue 1978), the “dogbite” statute. The jury returned a verdict for the plaintiff in the amount of $607. The trial court sustained the plaintiff’s motion for a new trial on the basis of inadequacy of the verdict.

The defendant has appealed and has assigned as errors that the trial court denied his motion for a directed verdict, made at the close of all evidence, on the ground that Debbie was a trespasser and that the verdict was in fact not…