Larsen v. 401 Main Street, Inc.Annotate this Case
The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of the owners of the Quart House Pub and its premises (collectively, Quart House) in this negligence action brought by Lee and Amy Larsen and Plattsmouth Chiropractic Center, Inc. (collectively, Plattsmouth Chiropractic), holding that summary judgment was proper.
A fire that broke out in the basement of Quart House Pub the fire spread and damaged property belonging to Plattsmouth Chiropractic. Plattsmouth Chiropractic sued Quart House alleging that equipment located in the basement of the pub had been negligently maintained. The district court granted summary judgment for Quart House. The Supreme Court affirmed, holding (1) the district court did not abuse its discretion in striking the testimony of Plattsmouth Chiropractic’s expert as to the cause of the fire; and (2) without that testimony, Plattsmouth Chiropractic could not present evidence that would allow a finder of fact to find that negligent maintenance caused the fire.