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Recent Cases

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The attorneys at Engles, Ketcham, Olson & Keith have successfully litigated a wide variety of cases for insurance companies, corporations and individuals.One example is the landmark case of Schafersman v. Agland Coop, 631 NW2d 862, (2001), in which our firm prevailed in arguing for Nebraska to adopt the Daubert standard for the admissibility of expert testimony.

In the case of Van Lamb v. Sand Livestock, Dist. Ct. Platte Co. Nebraska, 2003, Dan Ketcham successfully obtained a defense verdict in a product liability suit against the manufacturer of a hog confinement system.

In a recent case in the District Court of Douglas Co. Bert Engles successfully defended a suit brought against the employer of a deliveryman, who had already been convicted of rape. Despite the inflammatory nature of the case the jury returned a low verdict.

In the case of Gombert v. Borders Inc., Dist. Ct. Doug. Co., 2003, Dan Ketcham defended a large retail chain on a premises liability claim. The jury returned a defense verdict.

Steve Olson recently defended a complex 1983 action in federal court. The trial successfully resulted in a defense verdict for Douglas County. Green v. Douglas Co. et al.

Robert Keith recently represented a bridge contractor in a wrongful death trial in York, Nebraska. The decedent died in an automobile accident in a state highway construction zone and suffered over $800,000 in economic damages and $1,000,000 in non-economic damages. The jury returned a defense verdict. Haghighi v. United Contractors.

Robert Keith successfully appealed a Federal District Court for the District of Nebraska’s refusal to grant a government employee qualified immunity against allegations of sexual harassment.  The 8th Circuit Court of Appeals reversed the District Court’s decision and found the government employee was entitled to qualified immunity and therefore summary judgment on all claims against him was proper. Crutcher-Sanchez v. County of Dakota, 687 F.3d 979 (8th Cir. 2012).

Robert Keith successfully defended a high speed admitted liability auto negligence case by receiving a favorable verdict on March 6, 2013 after the jury deliberated less than an hour.  Plaintiff’s claimed medical expenses exceeded $21,000 and she asked the jury to return a verdict for $139,000 based on a 10% permanent impairment rating and 41 year life expectancy.  Defendant filed an Offer to Confess Judgment for $20,000.  The jury returned a verdict for $6,002.23, including $5,022.23 in medical expenses the defense asked the jury to award to reimburse Plaintiff for related medical bills.

While most trials are not appealed, the following is a represenative sample of some of the reported cases we have litigated:

  • Swierczek v. Lynch, 466 NW2d 512 (1991)(medical malpractice)
  • DeCamp v. Lewis, 435 NW2d 883 (1989) (dental malpractice)
  • Keuhler v. Galloway et al., 1999 WL 1080640 (1999) (legal malpractice)
  • American Economy Ins. v. Modern Eyewear,1 994 WL 285086 (1994) (ERISA and theft from pension plan)
  • McFadden v. Winters & Merchants, 603 NW2d 31(1999) (power plant injury)
  • Schafersman v. Agland, 631 NW2d 862 (2001)(toxicity of cattle feed/Nebraska adopts Daubert standard for expert testimony)
  • Cassidy v. U.S. Postal Service, 5 F. Supp. 2d 104 , (D. Neb. 1997) (Federal Tort Claims Act)
  • Huber v. Aurora Coop., 2000 WL 1673249 (workers’ compensation)
  • Belitz v. Suhr, 303 NW2d 284 (1981) (automobile negligence)
  • Coppi v. West American Ins., 524 NW2d 804 (1994) (insurance coverage dispute)
  • Dellinger v. Omaha Public Power District, 611 NW2d 132 (2000) (public utility negligence)
  • Sandoval v. O’Neal, 1996 WL 106232 (1996) (automobile negligence)
  • Leader Nat’l Ins. v. American Hard., 545 NW2d 267(1996) (automobile dealer, insurance coverage dispute)
  • Barone v. Rich Bros. Fireworks, 25 F.3d 610 (CA 8, 1994) (product liability, fireworks, foreign service on Chinese company)
  • Dolberg v. Paltani, 549 NW2d 635 (1996) (automobile negligence)
  • American States v. Farm Bureau, 583 NW2d 358 (1998) (insurance coverage dispute, automobile negligence)
  • Heath Consultants v. Precision Inst., 527 NW2d 267 (1995)(unfair trade practices, Sherman Anti-trust Act)
  • Hultsch v. United Cable Television, 1993 WL 2436(cable television, premises liability)
  • Ritzdorf v. YMCA, 1993 WL 13405 (1993) (non-profit liability)
  • Nebraska Truck v. USF&G, 331 NW2d 266 (1983)(insurance coverage dispute)
  • Madonna Rehabilitation Hosp. v. LeRoy,  Case No. A-99-856, 2000 WL 1482859 (2000) (health insurance coverage)
  • Fuxa v. CTB Inc., case no. A-98-0800, 1999 WL 1338338 (1999) (large fire loss of agricultural plant)
  • Hauptman, O’brien et al. v. Milwaukee Guardian, 578 NW2d 83 (1997) (insurance subrogation, common fund doctrine)