Zuroski v. Estate of Strickland

In Zuroski v. Estate of Strickland, 176 Neb. 633, 126 N.W.2d 888 (1964), the record showed that on February 15, 1952, Zuroski and her husband entered into an oral lease with Strickland for a residence property located in Omaha, Nebraska. At trial, Zuroski produced evidence that as a part of the lease agreement, Strickland agreed to take care of the repairs on the premises. The record showed that sometime in 1959, the guttering and downspout near the rear door of the house became defective and allowed water to fall from the roof and collect on the concrete walk immediately outside of the rear door of the house. The record also showed that Zuroski notified Strickland that the downspout was defective and needed repair but that Strickland did not make those repairs. On February 11, 1961, water had collected on the walk outside the rear door of the house and ice had formed. Zuroski alleged that she was injured when she slipped and fell on the ice when coming out of the rear door of the house. The jury returned a verdict in favor of Zuroski in the amount of $ 4,500. Strickland's motion for judgment notwithstanding the verdict was overruled. Strickland appealed. On appeal, the Nebraska Supreme Court held that the defective downspout was the proximate cause of Zuroski's injuries and that Strickland was liable for his failure to use reasonable care to make repairs in accordance with his covenant to repair. Specifically, the court stated: "There was direct evidence that Strickland agreed to "take care of all the repair work on the house"; that repairs which were made on the premises were made at the direction of Strickland and at his expense; that the downspout leading from the roof above the rear door of the house had fallen down and that water coming from the roof was discharged directly onto the walk outside of the rear door of the house; that Strickland had been notified of the defective condition of the downspout on a number of occasions but no repairs had been made . . . ." (Zuroski, 176 Neb. at 634-35, 126 N.W.2d at 890.)