S-23-0176 Ron Strahan (Appellant) v. McCook Hotel Group, LLC (Appellee)
Appeal from District Court for Red Willow County, Judge Patrick M. Heng
Attorneys: Ross Peseck (Pesek Law, LLC for Appellant) and MaryGaye LeBoeuf (Pro Hac Vice for Appellant) and Michael L. Moran and Daniel E. Kemp (McGrath North Mullin & Kratz, PC LLO for Appellee).
Civil: Premises Liability and Summary Judgment
Proceedings below: Appellant brought a premises liability suit against Appellee after he fell while showering in a hotel bathroom, but the district court granted Appellee’s Motion for Summary Judgment. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant makes the following assignments of error: 1) The trial court erred by finding that there were no genuine issues of material fact and that under the open and obvious doctrine, McCook had no duty to make the premises reasonably safe and, therefore, could not be held liable for Strahan's injuries; 2) The trial court erred when it failed to view the evidence and inferences in the light most favorable to Strahan and find that there were issues of material fact including, but not limited to: (a) Whether McCook should have anticipated that guests would proceed to encounter the open and obvious danger presented by the 104 Tub because a reasonable person in the guests' position would believe that the benefits of the encounter outweighed the known dangers. (b) Whether McCook breached its duty to take reasonable steps, including provision of safety devices and warnings, to protect guests from harm during expected encounters; 3) The trial court erred when it held that Nebraska law did not permit hotels to be held liable to guests who are injured by falling in the hotel bathtub; and 4) The trial court erred when it held that the disputed issues regarding the condition of the 104 Tub and whether McCook replaced the 104 Tub after Strahan's accident, were not material.