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WHALEN v. U.S. WEST COMMUNICATIONS, INC.

No. S-95-1181.

570 N.W.2d 531 (1997)

253 Neb. 334

Michael WHALEN, Appellant, v. U S WEST COMMUNICATIONS, INC., an Iowa corporation and successor in interest to Northwestern Bell Telephone Company, and St. Paul Insurance Company, its workers' compensation insurance carrier, Appellees.

Supreme Court of Nebraska.

November 21, 1997.

Attorney(s) appearing for the Case

James E. Harris, of Harris, Feldman Law Offices, Omaha, for appellant.

Douglas J. Peterson and, on brief, Kenneth C. Stephan, of Knudsen, Berkheimer, Richardson, Endacott, and Routh, Lincoln, for appellee U S West.

P. Shawn McCann and Ronald E. Frank, of Sodoro, Daly & Sodoro, Omaha, for appellee St. Paul Insurance Co.

WHITE, C.J., and CAPORALE, WRIGHT, CONNOLLY, GERRARD, and McCORMACK, JJ.

WRIGHT, Justice.

Michael Whalen appeals the district court's summary judgment in favor of U S West Communications, Inc. (U S West). The court concluded that U S West neither owed nor breached a duty of due care to Whalen and ordered Whalen's action against U S West dismissed with prejudice.

I. SCOPE OF REVIEW

In reviewing a summary judgment, an appellate court views the evidence in a light most favorable to the party against whom the judgment is...

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