Bernstein v. Ainsworth

This is an appeal from an order dismissing plaintiffs-appellants’ petition seeking recovery for damages to their home resulting from the overflow of a manmade lake. The trial court sustained the separate demurrers of defendants-appellees. The plaintiffs-appellants, Tom T. Bernstein, Jr., and Susan K. Bernstein, husband and wife (hereinafter Bernsteins), brought their action based on alternative theories of strict liability, negligence, or breach of implied warranty. The defendants were Hockenberger & Chambers Company, a Nebraska corporation (hereinafter Hockenberger), which developed the lot…