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DOWNEY v. WESTERN COMMUNITY COLLEGE AREA

No. S-10-867.

808 N.W.2d 839 (2012)

282 Neb. 970

Mack DOWNEY and Deborah Downey, husband and wife, and Ferguson Signs, Inc., appellees and cross-appellants, v. WESTERN COMMUNITY COLLEGE AREA, which operates Western Nebraska Community College, appellant and cross-appellee.

Supreme Court of Nebraska.

January 6, 2012.

Attorney(s) appearing for the Case

Richard A. Douglas and Jerald L. Ostdiek , of Douglas, Kelly, Ostdiek & Ossian, P.C., Scottsbluff, for appellant.

Steven W. Olsen and John F. Simmons , of Simmons Olsen Law Firm, P.C., Scottsbluff, for appellee Ferguson Signs, Inc.

Kyle J. Long , Scottsbluff, of The Robert Pahlke Law Group, for appellees Mack Downey and Deborah Downey.

HEAVICAN, C.J., CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

CONNOLLY, J.

Like many cases arising from construction site injuries, this appeal raises several interrelated issues. These include premises liability, the nondelegable duty doctrine, indemnification, and the thorny issue of whether our comparative negligence statutes allow a court to apportion liability to an employer who is immune from suits in tort because of our workers' compensation statutes.

Mack Downey and his wife sued Western Community College Area...

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