S-20-0578 Ardetta Blackbird, Special Administrator of the Estate of Curtis W. Blackbird, and Next Friend of Nathan Mitchell, Minor Child (Appellant) v. Knife River, Inc., a Delaware Corporation; A.M. Cohron & Son, Inc., an Iowa Corporation; M.E. Collins Contracting Company, Inc., a Nebraska Corporation; and D.P. Sawyer, Inc., a Nebraska Corporation (Appellees)
Thurston County District Court, Hon. John E. Samson
Attorneys: Nicholas R. Glasz (Glasz Law Firm, for Appellant); Patrick R. Guinan (Erickson & Sederstrom, for Appellee, D.P. Sawyer); Stephen G. Olson, II (Engles Ketcham Olson Keith, P.C., for Appellee Knife River, Inc.); Patrick L. Sealey (Heidman Law, for Appellee, A.M. Cohron & Son, Inc.); Mark E. Novotny, Michael Storey (Lamson, Dugan & Murray, LLP, for Appellee M.E. Collins Contracting Company, Inc.)
Civil: Negligence
Proceedings below: The district court held that the pleadings, affidavits, and evidence showed that there was no genuine issues of material fact as to whether Appellees were negligent in their treatment of Appellants and Appellees were entitled to judgment as a matter of law.
Issues on appeal: Whether the district court erred 1) as a matter of law in improperly sustaining Appellees’ foundation objections; 2) by making multiple factual determinations that should have been determined by a trier of fact; 3) in determining that pursuant to Neb. Rev. Stat. 39-1345 Appellees satisfied any duty they owed to Appellants; and 4) in determining that Appellees met the standard of care required of them.