S-22-0590 Robertta Heinen (Appellant) v. Pawnee City Housing Authority (Appellee)

Appeal from the District Court for Pawnee County, Judge Ricky A. Schreiner

Attorneys: Jon Rehm (Rehm, Bennett, Moore & Rehm, P.C., L.L.O. for Appellant) and Jonathan M. Brown (Walentine O’Toole, LLP for Appellee)

Civil: Negligence and Premises Liability

Proceedings below: After Appellant presented her case-in-chief at a bench trial regarding her slip and fall lawsuit, the district court sustained Appellee’s Motion to Dismiss.  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 assignment of error:  The trial court erred in finding there was no question of fact that defendant-appellee was liable to the plaintiff-appellant for her slip and fall injury on January 22, 2019, because it knew or should have known there was moisture pooled in front of her apartment, the defendant took no measures to mitigate the risk and the risk was not open and obvious to the plaintiff-appellant at the time of the injury.