Robertson v. U Save Foods, Inc.

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Robertson v. U Save Foods, Inc.

Case Number
Call Date
April 11, 2017
Case Time
9:00 AM
Case Summary

A-16-0397, Ellen Robertson and Timothy Robertson (Appellants) v. U Save Foods, Inc.

Sarpy County, District Judge David Arterburn

Attorneys for Appellant: Greg Garland (Greg Garland Law), Tara DeCamp (DeCamp Law, P.C., L.L.O.), and Kathy Pate Knickrehm

Attorneys for Appellee: Robert W. Futhey and David P. Kennison (Fraser Stryker, P.C., L.L.O.)

Civil Action: Personal Injury

Action Taken by Trial Court: The district court granted U Save Food Inc.'s motion for summary judgment and dismissed the action after finding that the Robertsons failed to establish that a wooden pallet used to display watermelons was unreasonably dangerous, and that because the pallet constituted an open and obvious condition, Mrs. Robertson's failure to exercise reasonable care when encountering the open and obvious pallet also warranted summary judgment in favor of U Save Foods.

Assignments of Error on Appeal: The Robertsons assign that that the district court erred when it sustained the U Save Food's motion for summary judgment.

Case Location
Panel Text
Pirtle, Bishop and Arterburn, Judges