Carlson & Burnett, LLP partner Clete Blakeman won a Political Subdivision Tort Claim bench trial in Douglas County District Court before the Honorable Marlon A. Polk on September 2, 1015.
Our Carlson & Burnett client was playing tennis at Omaha owned Hanscom Tennis Center and chased a deep ball toward a back wall. She ran into a green backdrop curtain surrounding the court which obscured an identically painted green support beam only inches behind the curtain, breaking her nose and causing other injuries.
The city of Omaha denied liability and fought against paying for this Carlson Burnett client's medical bills or any pain and suffering for the injuries which left her in pain over the past two years.
The city of Omaha and the city attorney argued the steel beam should have been open and obvious to this tennis players and no padding was needed around the beam because the tennis center had gone without padding for decades.
Trial lawyer and NFL referee, Clete Blakeman, invoked a rarely used Nebraska statute, Neb Rev Stat §25-1108, which states a victim of an injury from a dangerous condition of real estate or property may have the jury leave the courtroom during trial and view the property as part of their evaluation of the evidence. Clete used this law, in conjunction with another statute that mandates a trial conducted before a judge only, should be treated exactly like a trial to a jury. Neb Rev Stat §25-1128.
Clete was successful in having the judge leave his courtroom during the trial to view the dangerous condition at the city owned tennis courts. After the judge's visit and hearing of all the evidence in this case, the Court ruled for Clete's client and she was awarded payment of the medical bills and compensation for her pain and suffering.
If you or a loved one have been injured call Carlson & Burnett at (402) 810-8611 or contact us online to schedule a free consultation.