S-21-624, Kristine Clark (Appellant) v. Scheels All Sports, Inc. (Appellee)
Appeal from the District Court for Douglas County, Judge W. Russell Bowie
Attorneys: Cathy S. Trent-Vilim, Brian J. Brislen, Tyler K. Spahn (Lamson, Dugan, & Murray for Appellant); Michael L. Moran (Engles, Ketcham, Olson, & Keith for Appellee)
Civil: Personal Injury; Motion for Summary Judgment
Proceedings Below: The district court granted Appellee’s Motion for Summary Judgment. On its own motion, the Nebraska Supreme Court ordered this case be removed from the docket of the Nebraska Court of Appeals and transferred to its docket.
Issues: Appellant makes the following assignments of error: 1) The district court erred by finding there were no genuine issues of material fact, and reached this erroneous decision only after it failed to consider the evidence in the light most favorable to Clark and failed to give Clark the benefit of all reasonable inferences to be drawn from the evidence. As a result, the court improperly granted summary judgment to Scheels; and 2) The district court erred by shifting the summary judgment evidentiary burden to Clark even though Scheels had not demonstrated the absence of issues of material fact or its entitlement to judgment as a matter of law. In doing so, it improvidently granted summary judgment to Scheels.