Grammer v. Lucking

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Grammer v. Lucking

Case Number
S-14-1080
Call Date
December 1, 2015
Court Number
Jefferson
Case Summary

S-14-1080 Joleen and Terry Grammer (Appellants) v. Darren and Cory Lucking

Jefferson County District Court, Judge Paul W. Korslund

Attorneys: Rodney J. Rehm (Rehm, Bennett & Moore, P.C., LLO) (Appellants) --- Susan K Sapp & Robert M. Kinney-Walker (Cline Williams Wright Johnson & Oldfather, L.L.P.)

Civil: Summary judgment; dog chase

Proceedings below: The district court entered an order of summary judgment in favor of Appellees on the grounds that no genuine issue of material fact remained for the jury. Appellant filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.

Issues: The district court erred in 1) failing to apply the proper definition of "chasing" as set out in Donner v. Plymate, 2) finding that the evidence established as a matter of law that the Appellees' dogs were not "chasing" Appellant Joleen Grammer at the time of her injury, 3) resolving disputed questions of fact and failing to give Appellants the benefit of all reasonable inferences with respect to whether Appellees' dogs "injured" or were "chasing" Appellant Joleen Grammer when they charged at her, barking and growling, 4) failing to consider the effect of the amendment of ' 54-601 after the Plymate decision in determining whether the actions of Appellees'dogs were prohibited by that statute and, 5) granting Appellees' motion for summary judgment.