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Peterson v. Kings Gate Partners - Omaha I, L.P.

Supreme Court of Nebraska

April 10, 2015

DONALD PETERSON, APPELLANT,
v.
KINGS GATE PARTNERS - OMAHA I, L.P., AND PICERNE KINGS GATE, LLC, APPELLEES

Page 445

Appeal from the District Court for Douglas County: JOSEPH S. TROIA, Judge.

Thomas M. Locher, Amy M. Locher, and Douglas W. Krenzer, of Locher, Pavelka, Dostal, Braddy & Hammes, L.L.C., for appellant.

Mary M. Schott and Ronald E. Frank, of Sodoro, Daly, Shomaker & Selde, P.C., L.L.O., for appellees.

HEAVICAN, C.J., CONNOLLY, STEPHAN, MCCORMACK, MILLER-LERMAN, and CASSEL, JJ. WRIGHT, J., not participating.

OPINION

Page 446

[290 Neb. 659] Heavican, C.J.

INTRODUCTION

Donald Peterson filed suit against Kings Gate Partners - Omaha I, L.P., and Picerne Kings Gate, LLC (collectively Kings Gate), for injuries Peterson received following an assault by Floyd Wallace on Kings Gate's premises. The district court granted Kings Gate's motion to dismiss for failure to state a claim. Peterson appeals. We reverse, and remand for further proceedings.

FACTUAL BACKGROUND

Peterson filed his first amended complaint against Kings Gate on January 7, 2014. That complaint alleged that Peterson and Wallace's mother were both residents of Kings Gate senior apartment homes in Omaha, Nebraska. According to the complaint, Peterson and Wallace's mother lived across the hall from each other.

According to the complaint, despite lease provisions prohibiting it, Wallace resided with his mother in her apartment. On or about December 8, 2012, Wallace's mother was notified that due to Wallace's residing in her apartment, she was in violation

Page 447

of her lease. On December 17, Wallace assaulted Peterson in ...


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