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Henderson v. Smallcomb

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Wednesday, November 13, 2013

A-13-0093, Gary Henderson (Appellant) v. Heath Smallcomb, et. al,

Buffalo County, District Court Judge John P. Icenogle

Attorney for Appellant:  Vincent M. Powers

Attorney for Appellee:  Nicholas R. Norton, Jeffrey H. Jacobsen (Jacobsen, Orr, Lindstrom, & Holbrook, P.C., L.L.O.) and Sonya K. Koperski (Leininger, Smith, Johnson, Baack & Allen)

Civil Action:  Premises Liability

Action Taken by Trial Court:  The trial court granted a directed verdict in favor of Night Life Concepts and the jury returned a verdict in favor of Heath Smallcomb.

Assignments of Error on Appeal:  The appellant assigns that the district court erred by granting Night Life Concepts’ motion for directed verdict, failing to find that Smallcomb “opened the door” with respect to questioning regarding repairs made after the incident at issue, and by failing to give the appellant’s proposed jury instruction regarding a preexisting condition.

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