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DUKAT v. LEISERV, INC.

No. A-96-1257.

578 N.W.2d 486 (1998)

6 Neb. App. 905

Rebecca S. DUKAT, Appellant, v. LEISERV, INC., doing business as Mockingbird Lanes, Appellee.

Court of Appeals of Nebraska.

April 28, 1998.

Attorney(s) appearing for the Case

Daniel W. Ryberg, Omaha, for appellant.

Richard J. Gilloon, of Erickson & Sederstrom, P.C., Omaha, for appellee.

HANNON, SIEVERS, and MUES, JJ.

SIEVERS, Judge.

INTRODUCTION

We consider whether a jury should be instructed on the defense of assumption of risk when (1) the plaintiff slips and falls on an icy sidewalk outside of a bowling alley, (2) the property owner admits that the sidewalk was the only way in and out of the bowling alley, and (3) the injured plaintiff had prior knowledge of the sidewalk's icy condition.

FACTUAL BACKGROUND

Rebecca S. Dukat arrived at Mockingbird...

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