A-21-80, Andrew M. Ermel v. SMA Enterprises, Inc., D/B/A Baxter Ford South.
Sarpy County District Court, Judge Michael A. Smith
Attorney for Appellant: Matthew A. Lathrop and Kathy Pate Knickrehm
Attorney for Appellee: Michael T. Gibbons and Raymond E. Walden (Woodke & Gibbons, P.C., L.L.O.)
Civil Action: Negligence, Premises Liability
Action Taken by Trial Court: The district court found that the presence of ice on the defendant’s premises was an open and obvious risk and that the defendant could not have anticipated that the plaintiff would fail to protect himself from that risk. Accordingly, the court granted the defendant’s motion for summary judgment.
Assignments of Error on Appeal: Did the district court err in granting the defendant’s motion for summary judgment?