Nebraska Court of Appeals May 9, 2000, A-99-673 (Bates v. Design of the Times, Inc.)

Irwin, Chief Judge,

dissenting.

I agree with the majority’s opinion finding that there was a duty on the part of DOTT because Hovorka had actual knowledge that there was a risk of stroke from rinsing procedures and that she responded to that knowledge by instructing DOTT employees about the risk before Golden rinsed Bates’ hair.