Hughes v. School Dist. of Aurora
290 Neb. 47
Neb.2015Background
- Hughes sued the School District of Aurora for injuries from a fall at the north exit of a district middle school, alleging lighting failures, an unguarded ramp slope, a heaved sidewalk, and a bench obstruction.
- The district moved for summary judgment and the district court granted it, finding Hughes lacked proximate-cause evidence.
- Hughes testified he was exiting at night, encountered a crowd on the ramp, turned and fell, and could not identify the exact cause of the fall.
- A heaved concrete lip near the bench and weak lighting were documented later by Hughes and an engineering expert who opined code violations and potential obstruction.
- The district court relied on Swoboda v. Mercer Mgmt. Co. to conclude no causation inference could be drawn from Hughes’s memory gaps.
- The Nebraska Supreme Court reversed, holding genuine issues of material fact precluded summary judgment and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether proximate cause was properly established at summary judgment | Hughes argues unseen lip due to poor lighting caused the fall | District contends only one plausible cause must be shown beyond guesswork | Not proper; material facts disputed and evidence allows inference of proximate cause |
| Whether Swoboda governs this case to support judgment | Swoboda shows multiple possible causes create no inference | Swoboda controls when evidence yields no single conclusion | Swoboda not controlling here; evidence supports inference of negligent conditions |
Key Cases Cited
- Swoboda v. Mercer Mgmt. Co., 251 Neb. 347, 557 N.W.2d 629 (Neb. 1997) (reversal when there are two equally likely causes; no inference favoring one)
- Kotlarz v. Olson Bros., Inc., 16 Neb. App. 1, 740 N.W.2d 807 (Neb. App. 2007) (circumstantial evidence can support causation despite lack of eyewitness)
- Pohl v. County of Furnas, 682 F.3d 745 (8th Cir. 2012) (circumstantial evidence can establish proximate cause when sign/lighting issues implied)
- Kotlarz v. Olson Bros., Inc., 16 Neb. App. 1, 740 N.W.2d 807 (Neb. App. 2007) (reiterated use of circumstantial evidence in causation)
- Shipley v. Department of Roads, 283 Neb. 832, 813 N.W.2d 455 (Neb. 2012) (summary judgment standards in negligence)