Jay Williamson, Personal Representative of the Estate of Peggy Williamson, deceased, appellant,
Bellevue Medical Center, LLC, appellee.
Summary Judgment: Appeal and Error. An
appellate court affirms a lower court's grant of summary
judgment if the pleadings and admitted evidence show that
there is no genuine issue as to any material facts or as to
the ultimate inferences that may be drawn from the facts and
that the moving party is entitled to judgment as a matter of
__:__. In reviewing a summary judgment, an appellate court
views the evidence in the light most favorable to the party
against whom the judgment was granted, and gives that party
the benefit of all reasonable inferences deducible from the
Summary Judgment. The primary purpose of the
summary judgment procedure is to pierce the allegations in
the pleadings and show conclusively that the controlling
facts are other than as pled.
Summary Judgment: Proof. The party moving
for summary judgment must make a prima facie case by
producing enough evidence to show that the movant is entitled
to judgment if the evidence were uncontroverted at trial.
If the party moving for summary judgment makes a prima facie
case, the burden shifts to the nonmovant to produce evidence
showing the existence of a material issue of fact that
prevents judgment as a matter of law.
Summary Judgment. At the summary judgment
stage, the trial court determines whether the parties are
disputing a material issue of fact. It does not resolve the
Negligence: Liability: Proximate Cause. A
possessor of land is subject to liability for injury caused
to a lawful visitor by a condition on the land if (1) the
possessor either created the condition, knew of the
condition, or by the exercise of reasonable care would have
discovered the [304 Neb. 313] condition; (2) the possessor
should have realized the condition involved an unreasonable
risk of harm to the lawful visitor; (3) the possessor should
have expected that a lawful visitor such as the plaintiff
either (a) would not discover or realize the danger or (b)
would fail to protect himself or herself against the danger;
(4) the possessor failed to use reasonable care to protect
the lawful visitor against the danger; and (5) the condition
was a proximate cause of damage to the plaintiff.
from the District Court for Sarpy County: Nathan B. Cox,
Michelle D. Epstein, of Ausman Law Firm, P.C., L.L.O., for
Kathryn J. Cheatle, of Cassem, Tierney, Adams, Gotch &
Douglas, for appellee.
Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik,
and Freudenberg, JJ.
Williamson sustained injuries when she fell on a curb between
a driveway and a sidewalk outside the entrance to Bellevue
Medical Center, LLC (BMC), in Bellevue, Nebraska. She brought
an action for negligence and premises liability in the
district court for Sarpy County. Following her death, the
action was revived in the name of her husband, Jay
Williamson, as personal representative of Peggy's estate
(Williamson). The district court granted summary judgment in
favor of BMC, noting that BMC presented evidence that there
was no defect in the curb, that it did not violate any code
or ordinance, and that Williamson failed to produce evidence
that the curb created an unreasonable danger. Williamson
appeals, arguing it was error to grant summary judgment
because a material issue of fact remained as ...