S-23-0116 Ronnfeldt Farms, Inc., a Nebraska corporation (Appellant and Cross-Appellee) v. Jason Arp, Knee Deep, LLC, a Nebraska limited liability company, Brian Frost, and Frosty’s Dragline, LLC, a Nebraska limited liability company (Appellees and Cross-Appellants)
On Petition for Further Review from the Nebraska Court of Appeals on appeal therefrom the District Court for Burt County, Judge Bryan C. Meismer
Attorneys: Stephen D. Mossman and Andrew R. Spader (Mattson Ricketts Law Firm for Appellant and Cross-Appellee), Joel D. Nelson and Joel Bacon (Keating, O’Gara, Nedved & Peter, P.C., L.L.O. for Appellee and Cross-Appellant), and David V. Drew, of Drew Law Firm, P.C., L.L.O., for Appellees and Cross-Appellants)
Civil: Joint Venture and Negligence
Proceedings below: In Ronnfeldt Farms, Inc. v. Arp, 32 Neb.App. 490, 1 N.W.2d 540 (2023), the Nebraska Court of Appeals affirmed the district court’s order granting summary judgment as to Appellant’s joint venture breach of contract and negligence actions, but reversed the district court’s order regarding the independent negligence claim. Appellees and Cross-Appellants filed a Petition for Further Review, which the Nebraska Supreme Court granted and removed this case to its docket.
Issues: On Petition for Further Review, Appellant made the following assignments of error: 1) The Court of Appeals erred by treating duty and standard of care as factual questions; 2) The Court of Appeals erred in concluding the ordinary duty to exercise reasonable care applied; 3) The Court of Appeals erred in concluding genuine issues of material facts existed on breach; and 4) The Court of Appeals erred in not considering petitioners’ cross-appeal.