A-16-0397, Ellen Robertson and Timothy Robertson (Appellants) v. U Save Foods, Inc.
Sarpy County, District Judge David Arterburn
Attorneys for Appellant: Greg Garland (Greg Garland Law), Tara DeCamp (DeCamp Law, P.C., L.L.O.), and Kathy Pate Knickrehm
Attorneys for Appellee: Robert W. Futhey and David P. Kennison (Fraser Stryker, P.C., L.L.O.)
Civil Action: Personal Injury
Action Taken by Trial Court: The district court granted U Save Food Inc.’s motion for summary judgment and dismissed the action after finding that the Robertsons failed to establish that a wooden pallet used to display watermelons was unreasonably dangerous, and that because the pallet constituted an open and obvious condition, Mrs. Robertson’s failure to exercise reasonable care when encountering the open and obvious pallet also warranted summary judgment in favor of U Save Foods.
Assignments of Error on Appeal: The Robertsons assign that that the district court erred when it sustained the U Save Food’s motion for summary judgment.