191814P.pdf   03/03/2020  Tonia Ackerman  v.  U-Park, Inc.
   U.S. Court of Appeals Case No:  19-1814
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Erickson, Author, with Gruender and Kelly, Circuit Judges] 
   Civil case - Negligence. In this slip-and-fall case, the district court 
   did not err in granting defendant's motion to exclude plaintiff's expert's 
   testimony; in the absence of any record evidence that the expert used 
   reliable principles and methods or applied them reasonably to the facts of 
   this case to form his opinion that plaintiff's fall was caused by black 
   ice forming in a "birdbath" type of depression, the evidence did not 
   satisfy the Rule 702 standards for admissibility; applying Nebraska law on 
   the duty of care owed business invitees, the district court properly 
   granted defendant's motion for summary judgment as there was no evidence 
   in the record from which the court can draw a reasonable inference that if 
   the ice was visible and apparent that plaintiff would not have discovered 
   the danger or failed to protect herself against it. Judge Kelly, 
   concurring in part and dissenting in part.