Ermel v. SMA Enterprises, Inc.

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Ermel v. SMA Enterprises, Inc.

Case Number
Court Number
Call Date
December 7, 2021
Case Time
1:00 PM
Case Summary

A-21-80, Andrew M. Ermel v. SMA Enterprises, Inc., D/B/A Baxter Ford South.

Sarpy County District Court, Judge Michael A. Smith

Attorney for Appellant: Matthew A. Lathrop and Kathy Pate Knickrehm

Attorney for Appellee: Michael T. Gibbons and Raymond E. Walden (Woodke & Gibbons, P.C., L.L.O.)

Civil Action: Negligence, Premises Liability

Action Taken by Trial Court: The district court found that the presence of ice on the defendant’s premises was an open and obvious risk and that the defendant could not have anticipated that the plaintiff would fail to protect himself from that risk. Accordingly, the court granted the defendant’s motion for summary judgment.

Assignments of Error on Appeal: Did the district court err in granting the defendant’s motion for summary judgment?

Case Location
Court Type
District Court
Schedule Code
Panel Text
Pirtle, Chief Judge, Riedmann, and Welch, Judges