Nebraska Court Reassesses Liability in Man’s Fall

January 9, 2012

The Nebraska Supreme Court has released a sign company from liability for an accident that injured an employee who fell 30 feet and landed head first on a gymnasium floor.

In a ruling released Friday, the court upheld the liability of Western Community College and the man who fell.

Mack and Deborah Downey had sued Western Community College over Mack Downey’s fall in 2003 while trying to remove an old scoreboard at the college gym in Sidney.

The trial court assessed Downey’s negligence at 33 percent and 33.5 percent each for the college and Ferguson Signs. The college appealed.

The high court says the college can’t reduce its liability by assigning blame to Ferguson. The court returned the case for reappointment of the negligence between Downey and the college only.

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