Steele v. Breinholt

OPINION

BENCH, Judge:

Plaintiff appeals the dismissal of her complaint for no cause of action. We reverse and remand for a new trial.

Just past noon on October 22, 1984, plaintiff Vietta Steele and her husband entered defendant Aspen Care Center (the Center), a privately owned and operated skilled nursing home facility, to visit an old friend, Zenon Dompor. Jolene Andersen, a social worker at the Center, told plaintiff she must leave as there was a restraining order in effect prohibiting her presence in the Center. Plaintiff asked to see the order. A restraining order did not, in fact, exist.…