S-17-0646 Rachel Eadie and Jeffrey Blount, Individually and as Parents and Natural Guardians of their minor children, Jaden and Sarah (Appellants) v. Leise Properties, LLC and Certified Property Management Co.
Douglas County, Judge Thomas Otepka
Attorneys: James Martin Davis (Davis Law Office for Appellants) --- Patrick S. Cooper, David J. Stubstad, Brandon J. Crainer (Fraser Stryker PCLLO) (Certified Property Management Co.) --- Stephen G. Olson II, Kristina J. Kamler (Engles Ketcham Olson & Keith PC) (Leise Properties LLC)
Civil: Tort; negligence under doctrine of res ipsa loquitur; motion to dismiss
Proceedings below: The trial court granted the Appellees’ separate motions to dismiss the Amended Complaint with prejudice. The Appellants filed a Motion for New Trial, Motion to Vacate, and Motion for Leave to File a Second Amended Complaint. Those motions were overruled. Appellee Leise Properties, LLC filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.
Issues: 1. The trial court erred in dismissing the Plaintiffs’ Amended Complaint with prejudice and ruling as a matter of law that the Plaintiffs’ Amended Complaint failed to identify a legal duty owed by the Defendants to the Plaintiffs. 2. The trial court compounded its error by dismissing the Plaintiffs’ Amended Complaint with prejudice and failing to grant the Plaintiffs leave to amend the Complaint.