Schuemann v. Menards, Inc

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Schuemann v. Menards, Inc

Case Number
A-18-1021
Court Number
Sarpy
Call Date
November 14, 2019
Case Time
9:30 AM
Case Summary

A-18-1021, Richard G. Schuemann and Janice Schuemann (appellants) v. Menard, Inc. d/b/a Mendards

Sarpy County, District Judge Stefanie Martinez

Attorney for Appellant:  Theodore R. Boecker, Jr. (Boecker Law, PC, LLO)

Attorney for Appellee:  Robert W. Futhey; Daniel J. Gutman (Fraser Stryker, PC, LLO)

Civil Action:  Negligence

Action Taken by Trial Court:  A jury trial was held, and the jury found in favor of Menards.

Assignments of Error on Appeal:  On appeal, the Schuemanns assign that the district court erred in (1) instructing the jury on the defense of assumption of the risk, (2) failing to file and show all refused instructions or amendments to instructions resulting in the given instructions, (3) admitting an edited audio recording over their objections, (4) refusing to give the jury an instruction on a presumption of duress regarding the audio recorded statement, and (5) failing to sustain objections regarding the testimony of a certain witness.

Case Location
Omaha
Court Type
District Court
Schedule Code
A1
Panel Text
Pirtle, Riedmann, and Welch, Judges