A-24-0419 Paul Johansen and Acuity, Mutual Insurance Company (Appellants) v. Patrick Reed and PWR AG Properties, LLC. (Appellees)
District Court of Seward County, Judge James C. Stecker
Attorney for Appellant: John Andrew McWilliams (Gross Welch Marks Clare, P.C., L.L.O.)
Attorney for Appellee: David L. Welch and Maggie L. Brokaw (Pansing Hogan Ernst and Buser LLP)
Civil Action: negligence, premise liability
Action Taken by Trial Court: The district court granted summary judgment in favor of Patrick Reed and PWR Ag Properties, LLC finding that no material issue of fact existed and dismissing the Appellants’ complaint. The district court specifically found that the application of the open and obvious doctrine barred Appellants’ claim of premise liability and that because Appellant Johansen received workers’ compensation benefits for his injuries, Appellants could not maintain a negligence action.
Assignments of Error on Appeal: Appellants assign that the district court erred in (1) finding that Johansen and Acuity could not maintain a separate action against Reed and PWR as a result of Johansen’s receipt of workers’ compensation benefits; and (2) in granting summary judgment on the basis of the open and obvious doctrine.