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Sall v. Kei Building9/13/2005
Not Designated for Permanent Publication
Inbody, Chief Judge, and Carlson and Moore, Judges.
INTRODUCTION
Karen C. Sall brought a negligence action against Kei Building, L.L.C., Kearney Eye Institute, P.C., and Physicians Optical Services, Inc., for injuries she sustained on premises allegedly under their control. Sall appeals from the January 7, 2004, order of the Buffalo County District Court granting the motion for summary judgment filed by Kei Building and Kearney Eye Institute.
BACKGROUND
The following is a summary of the events which precipitated Sall's filing of this action:
At approximately 11:15 a.m. on January 6, 2001, Sall, accompanied by her friend Pat Compton, arrived at an office building located in Kearney, Nebraska. The building is owned by Kei Building and houses both Kearney Eye Institute and Physicians Optical Services. It was Sall's intention to shop for new eyeglass frames at Physicians Optical Services. Compton parked her vehicle on the west side of the building.
A handicapped parking area was located on the west side of the building between where Compton parked her vehicle and the front of the building. The handicapped parking area was designated by painted yellow lines on the parking lot surface and by blue and white handicapped parking signs. The signs were located directly in front of each of the four handicapped parking stalls. Each sign was attached to a post and hung several feet above the sidewalk. There were two wheelchair ramps to accommodate wheelchair access from the west parking lot to the sidewalk: one located between the first two handicapped parking stalls and the other between the second two stalls. The ramps were cut into the curb and sloped up to the sidewalk level. Between the two ramps there was a row of shrubs which separated the parking lot from the sidewalk.
Sall exited the passenger side of Compton's vehicle and proceeded in a southeasterly direction. According to Sall, it was an unseasonably warm day with clear visibility. The sidewalk and the parking lot were completely dry. No snow or ice was present. Sall testified that it was her intention to proceed in a straight line from the vehicle to the front of the building by crossing diagonally across the parking lot, up the curb, and across the sidewalk. Sall took a couple of steps in the parking lot and then took one solid, stable step up onto the curb with her right foot. Sall testified that she was looking straight ahead as she walked. With her next step, Sall placed her left foot into one of the sloping wheelchair ramps and fell forward. Sall testified that following the fall, she had "no feeling." She was taken directly to an emergency room by ambulance. She suffered a broken leg with multiple fractures of the ankle.
On October 15, 2001, Sall filed a petition against Kei Building, Kearney Eye Institute, and Physicians Optical Services, alleging that they were jointly in possession of the sidewalks and entryways to the building and were each negligent in failing to maintain the sidewalk and wheelchair ramps in a reasonably safe condition. Specifically, Sall alleged that Kei Building, Kearney Eye Institute, and Physicians Optical Services were negligent in the following respects: (1) failing to provide reasonably safe approaches and sidewalks to the businesses located in the building; (2) failing to place any warning or sign at the intersection of the wheelchair ramp and the sidewalk; (3) failing to provide a railing or barrier at the step located at the intersection of the ramp and the sidewalk, or to identify the step with brightly colored paint so as to draw its attention to patrons lawfully us
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