S-12-0627, Mark Durre, as Personal Representative of the Estate of Diana Durre (Appellant) v. Wilkinson Development, Inc., a Nebraska Corporation, Love Signs of North Platte, L.L.C., d/b/a Condon’s House of Signs, and Tri-City Sign Company (Appellees)
Lincoln County—Judge Donald E. Rowlands
Attorneys: Jeffry D. Patterson and Robert F. Bartle, Bartle & Geier Law Firm, Douglas J. Stratton and Joel E. Carlson, Stratton, Delay, Doele, Carlson & Buettner (Appellant) --- David D. Ernst and Lisa M. Meyer, Pansing Hogan Ernst & Bachman LLP (Love Signs/Appellee), Jerald L. Rauterkus and Patrick E. Guinan, Erickson Sederstrom, P.C., LLO (Tri-City Sign Co./Appellee)
Civil: personal injury and wrongful death
Proceedings Below: The district court entered its order sustaining motions for summary judgment by Tri-City Sign Company and Love Signs of North Platte on May 3, 2012. The district court specifically noted that the court’s decision did not resolve all issues in the case, and was interlocutory and not subject to appeal. On June 18, 2012, the remaining parties stipulated to dismissal of Durre’s remaining causes of actions. Note: Wilkinson Development is not a party on appeal.
Issues: Durre assigns that the district court erred in (1) concluding that the statute of repose provision in Neb. Rev. Stat. § 25-223 (Reissue 2008) barred Durre’s claims against Tri-City; (2) concluding that the doctrine of fraudulent concealment did not toll the running of the statute of repose regarding Durre’s claims against Tri-City; and (3) concluding that Love Signs did not owe a duty to Wilkinson to discover the inherently dangerous condition of the pole structure and Taco Bell sign on Wilkinson’s premises, and warn or advise Wilkinson accordingly.