Heins v. Webster County

I respectfully dissent from the majority opinion.

The majority opinion states that modern society does not contemplate such traditional classifications as invitee and licensee. However, the same majority opinion states that the majority of states have retained the common-law distinctions of invitee and licensee.

In Nebraska, we have had no problem in assigning liabilities based upon invitee and licensee status, as witnessed by the recent unanimous opinions McIntosh v. Omaha Public Schools, 249 Neb. 529, 544 N.W.2d 502 (1996), and Blackbird v. SDB Investments, 249 Neb. 13, 541 N.W.2d 25 (1995).

Th…