Warner v. Simmons
Annotate this CaseAppellant suffered a legal injury when she fell while using a wooden plank walkway at a cabin owned by Lee Simmons, doing business as Niobrara River Ranch, LLC (Niobrara Ranch). Appellant filed an amended complaint against Simmons and Niobrara Ranch (together, Defendants), alleging negligence for failure to inspect the premises, to maintain the premises in a reasonably safe manner, or to warn Appellant of the dangerous condition on the premises. The jury returned a verdict in favor of Defendants. On appeal, Appellant contended that the Nebraska jury instruction on burden of proof in premises condition liability cases is not compatible with Nebraska’s comparative fault statute. The Supreme Court affirmed, holding that the trial court did not err in giving the contested jury instruction, as it was a correct statement of the law regarding a plaintiff’s burden of proof in premises condition liability cases.
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