Rebecca S. Dukat arrived at Mockingbird Lanes, a bowling alley in Omaha, Nebraska, at approximately 6 PM to bowl in her league game. The bowling alley's parking lot and adjacent sidewalk were snow- and ice-covered. Dukat proceeded to walk into the bowling alley on the only sidewalk provided in and out of the building. She testified that she noticed the sidewalk was icy.
After bowling three games and drinking three beers, Dukat left the bowling alley at approximately 9 PM. She retraced her steps on the same sidewalk, which was still ice-covered and in a condition that, according to Frank Jameson, general manager of Mockingbird Lanes, was ‘‘unacceptable'' if the bowling alley were open to customers.
As Dukat proceeded along the sidewalk to her car, she slipped, attempted to catch herself by reaching toward a car, and fell. She suffered a fracture of both bones in her left ankle as well as a ruptured ligament. Dukat sued Leiserv, Inc., doing business as Mockingbird Lanes, alleging that Leiserv was negligent in failing to keep the sidewalk in a reasonably safe condition, in failing to warn her of a dangerous condition, and in failing to take adequate and reasonable measures to protect her.
Leiserv alleged two affirmative defenses:
(1) Dukat was contributorily negligent, and
(2) Dukat had assumed the risk of injury. Decision?