Directed Verdict: Evidence: Appeal and
Error. A directed verdict is proper only when
reasonable minds cannot differ and can draw but one
conclusion from the evidence, that is, when an issue should
be decided as a matter of law. In reviewing that
determination, an appellate court gives the nonmoving party
the benefit of every controverted fact and all reasonable
inferences from the evidence.
Pleadings. The purpose of pleadings is to
frame the issues upon which a cause is to be tried, and the
issues in a given case will be limited to those which are
.A pleading serves to eliminate from consideration those
contentions which have no legal significance and to guide the
parties and the court in the conduct of cases.
Negligence: Liability: Proximate Cause. In
premises liability cases, an owner or occupier is subject to
liability for injury to a lawful visitor resulting from a
condition on the owner or occupier's premises if the
lawful visitor proves (1) that the owner or occupier either
created the condition, knew of the condition, or by exercise
of reasonable care would have discovered the condition; (2)
that the owner or occupier should have realized the condition
involved an unreasonable risk of harm to the lawful visitor;
(3) that the owner or occupier should have expected that the
visitor either would not discover or realize the danger or
would fail to protect himself or herself against the danger;
(4) that the owner or occupier failed to use reasonable care
to protect the visitor against the danger; and (5) that the
condition was a proximate cause of damage to the visitor.
Negligence: Contractors and Subcontractors.
A general contractor in possession and control of the
premises has a duty to keep the premises [25 Neb.App. 819] in
such condition that they afford a reasonably safe place to
work for persons working on or otherwise rightfully on the
Negligence: Liability: Contractors and
Subcontractors. A general contractor in possession
and control of the premises is only liable when the
subcontractor's employee is injured because the workplace
premises were not safe. It is not liable when an employee is
injured due to specific actions or inactions involved in the
___: ___. A possessor of property is not liable for injury to
an independent contractor's employee caused by a
dangerous condition that arose out of the contractor's
work, as distinguished from a condition of the property or a
structure on the property.
Trial: Evidence: Appeal and Error. The
admission of demonstrative evidence is within the discretion
of the trial court, and a judgment will not be reversed on
account of the admission or rejection of such evidence unless
there has been a clear abuse of discretion.
Trial: Evidence: Testimony: Proof.
Demonstrative exhibits are admissible if they supplement the
witness' spoken description of the transpired event,
clarify some issue in the case, and are more probative than
___: ___: ___: ___. Demonstrative exhibits are inadmissible
when they do not illustrate or make clearer some issue in the
case; that is, where they are irrelevant or where the
exhibit's character is such that its probative value is
substantially outweighed by the danger of unfair prejudice.
Trial: Juries: Evidence. Demonstrative
exhibits are defined by the purpose for which they are
offered at trial-to aid or assist the jury in understanding
the evidence or issues in a case.
Trial: Evidence: Testimony. Demonstrative
exhibits are relevant only because of the assistance they
give to the trier of fact in understanding other real,
testimonial, and documentary evidence.
Appeal and Error. An appellate court will
not consider an issue on appeal that was not presented to or
passed upon by the trial court.
from the District Court for Douglas County: Thomas A. Otepka,
Judge. Reversed and remanded for further proceedings.
E. Harris and Britany S. Shotkoski, of Harris &
Associates, PC, L.L.O., for appellant.
Ketcham, of Engles, Ketcham, Olson & Keith, PC, for
appellee Kiewit Building Group Inc.
Neb.App. 820] Inbody, Pirtle, and Riedmann, Judges.