402-348-0900 402-348-0900

May 2012

Exclusive RemedyPittman v. Western Engineering Co., Inc. 283 Neb. 913 (2012)

Issue:  Whether a surviving spouse Plaintiff, who accepted workers’ compensation payments as a surviving spouse and dependent, is barred by the
exclusive remedy provisions of the Nebraska Workers’ Compensation Act from maintaining a separate, negligence cause of action against the decedents’
employer?

For a complete summary of the factual background of the case and court’s holding, click here

October 2012

SubrogationBuckeye State Mut. Ins. Co. v. Humlicek, 284 Neb. 463 (2012)

    Issue:  Does a landlord’s insurer have a right to subrogation against its tenant for property damages caused by the tenant’s negligence?

For a complete summary of the factual background of the case and court’s holding, click here

Contributory NegligenceCurtis v. States Family Practice, LLC, 20 Neb.App. 234 (2012)

Issue: Whether beneficiary of estate not a party to a wrongful death action was properly included in the jury’s allocation of the percentages of contributory negligence.

For a complete summary of the factual background of the case and court’s holding, click here

November 2012

Subrogation: Bacon v. DBI/SALA, 284 Neb. 579 (2012)

   Issues:  (1) can an employer assert subrogation rights against a third party pursuant to § 48-118 in a case where the employer is a party but they did not initiate the action; (2) does the parent company of an injured person’s employer qualify as a “third person” under § 48-118; (3) does an employer’s insurer waive its right to future credits by including a waiver clause in the policy or by their counsel making statements regarding waiver during settlement negotiations.

For a complete summary of the factual background of the case and court’s holding, click here

December 2012

Police Pursuits: Werner v. County of Platte, 284 Neb. 899 (2012)

   Issue: Whether trial court properly held passenger was an “innocent third party,” under Political Subdivision Tort Claims Act (“PSTCA”) to allow for recovery, as well as other issues on credits and deductions and whether 5% reduction in damages for failing to wear seatbelt should be reduced from total damages or statutory cap of damages.

For a complete summary of the factual background of the case and court’s holding, click here

DiscoveryU.S. Bank Nat. Ass’n v. Peterson, 284 Neb. 820 (2012)

    Issue: Whether request for admission was specifically denied to constitute a denial or if it was a bad response and, therefore, considered an admission.

For a complete summary of the factual background of the case and court’s holding, click here

January 2013

Nebraska Procedure: Estate of Donna Mae Hansen v. Donald L. Bergmeier

    Issue: Whether service upon discharged personal representative of closed estate was timely and proper in negligence action against estate’s decedent.

For a complete summary of the factual background of the case and court’s holding, click here

March 2013

Landlord / TenantBlack v. Brooks, 285 Neb. 440 (2013)

Issues: (1) What constitutes a sufficient demand of the return of a security deposit and (2) whether statutory attorney fees can be awarded when the tenant is represented by attorneys working pro bono?

For a complete summary of the factual background of the case and court’s holding, click here

Nebraska Procedure:  Aguirre v. Union Pacific RR. Co., 20 Neb.App. 597 (2013)

Issue:  Whether the dismissal of a claim on the ground that the claim is not the proper remedy is a judgment on the merits and, therefore, any subsequent claims are barred by res judicata?

For a complete summary of the factual background of the case and the court’s holding, click here

Intentional Torts: Wulf v. Kunnath, 285 Neb. 472 (2013)

    Issue: Whether the trial court erred by denying Plaintiff’s motion for directed verdict or by submitting the issue of battery to the jury, because reasonable minds could conclude Plaintiff consented to Defendant’s contact or that the contact did not cause her injuries.

For a complete summary of the factual background of the case and the court’s holding, click here

May 2013

Statute of Repose: Mark Durre, as personal representative of the Estate of Diana Durre v. Wilkinson Development, Inc.et al. 285 Neb. 880, ____ N.W.2d _____ (2013).

Issue: Whether Nebraska’s statue of repose for breach of warranty on improvements to real property or deficiency in the design of improvement to real property (Neb. Rev. Stat. §25-223) applied to personal injury and wrongful death action involving alleged inherently dangerous condition or latent defect.

For a complete summary of the factual background of the case and the court’s holding, click here

Exclusive RemedyEstate of Joseph James Teague, Deceased, by and through his Personal Representative v. Crossroads Cooperative Association, a Nebraska Corporation, 286 Neb. 1, ___ N.W.2d ___ (2013).

Issue: Whether an employer’s willful violation of OSHA safety regulations resulting in the death of one of its employees constitutes an “accident” covered by the exclusive jurisdiction of the Workers’ Compensation Court.

For a complete summary of the factual background of the case and the court’s holding, click here

Landlord/Tenant: Beveridge v. Savage, 285 Neb. 991 (2013)

Issue: Does a provision in a landlord-tenant lease agreement that a tenant must obtain “liability and renter’s insurance policy at the Tenant’s expense” overcome the presumption that a tenant is a coinsured under a landlord’s fire insurance policy?

For a complete summary of the factual background of the case and the court’s holding, click here

November 2013

Set-OffsShawn T. Strasburg v. Union Pacific Railroad Company, 286 Neb. 743 (2013)

Issue: Whether railroad employer was entitled to a setoff of the entire amount of the medical expenses claimed by FELA plaintiff as opposed to just a setoff for the amount actually paid to settle the bills.

For a complete summary of the factual background of the case and the court’s holding, click here

December 2013

Discovery: Pope-Gonzalez v. Husker Concrete, LLC, 21 Neb. App. 575 (2013)

Issue: Whether a trial court abused its discretion in determining dismissal of an action was an appropriate discovery sanction based on the Plaintiff’s noncompliance with discovery orders?

For a complete summary of the factual background of the case and the court’s holding, click here