Goebel v. Arps Red-E-Mix, Inc.

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Goebel v. Arps Red-E-Mix, Inc.

Case Number
Court Number
Call Date
April 17, 2019
Case Time
1:00 PM
Case Summary

Dodge County, District Court Judge Geoffrey C. Hall

Attorney for Appellant:  David A. Domina, S. Ryan Greenwood (Domina Law Group, PC, LLO)

Attorney for Appellee:  Robert S. Keith, Kristina J. Kamler (Engles, Ketcham, Olson & Keith, P.C.)

Civil Action:  The appellant, whose home is across the street from the appellee’s cement mixing plant, filed a nuisance and trespass against the appellee.

Action Taken by Trial Court:  The district court sustained the appellee’s motion for summary judgment and dismissed the case.

Assignments of Error on Appeal: The appellant contends that the district court erred in sustaining the appellee’s motion for summary judgment due to the following: (1) the court erred in concluding that expert testimony was required to prove the appellant’s claim for private nuisance and trespass; (2) the court applied an incorrect standard of proof; and (3) genuine issues of material fact exist precluding summary judgment.

Case Location
Court Type
District Court
Schedule Code
Panel Text
Pirtle, Arterburn, and Welch, Judges