Pittman v. Rivera

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Pittman v. Rivera

Case Number
Call Date
January 28, 2016
Court Number
Case Summary

S-15-0159 Joseph Pittman (Appellant) v. Matthew Rivera, Nellie Synder, Teresa Erpelding, 2nd Street Slammer, Inc., Walter C. Bienkowski, and Diana C. Bienkowski

Adams County, Judge Terri Harder

Attorneys: Siegfried H. Brauer (Brauer Law Office)(for Appellant) --- Stephen G. Olson, II & Kristina J. Kamler (Engles, Ketcham, Olson & Keith, P.C.)

Civil: Summary judgment; tortious interference

Proceedings below: A district court granted Appellees' motion for summary judgment. Appellees filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.

Issues: The district court erred in 1) granting summary judgment in favor of Appellees, 2) making a factual determination that is the province of the jury, 3) making several findings it considered undisputed upon which it is presumed to have relied in reaching its decision to grant a summary judgment to Appellees, 4) failing to recognize and give due consideration to additional "undisputed" relevant facts that reinforce Appellant's contention that Appellees were on notice of the potential for Appellant Rivera to cause harm to one or more of such Appellees' customers, 5) determining that Appellees' standard for foreseeability was whether Appellant Rivera's specific "conduct in running down Appellant with his vehicle" was itself a foreseeable risk that Appellees would be required to foresee for liability to follow, 6) implicitly holding that the standard for foreseeability was that the Appellee Slammer had to have evidence that "Rivera planned to intentionally harm an individual unknown to him, such as Plaintiff . . ..", and 7) finding there was no "evidence to suggest . . . Rivera was a continuing problem for [Slammer employees] or Slammer patrons."