Olson v. Parchen

I concur with that part of the majority’s opinion which relates to issues one and two; holds that plaintiff was entitled to judgment as a matter of law on the issue of liability, and holds that there was no evidence to support a finding of contributory negligence on the part of the plaintiff.

I dissent from that part of the majority’s opinion which affirms the District Court’s refusal to permit the plaintiff to present evidence at trial of economic damage resulting from the loss of rental income and lost profits.

The majority cavalierly dismissed Olson’s damage claim with the following…