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| Bielenberg v. Brodkeys Carpet One Omaha, No. A-05-807.,
NEBRASKA COURT OF APPEALS, March 7, 2006, Filed
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Overview: Where the employee suffered torn ligaments and cartilage from kneeling and squatting activity, the workers' compensation court found that he suffered a compensable injury; a later recurrence was part of the same injury. The court did not comply with Neb. Worker's Comp. R. 11 by failing to address temporary partial disability benefits.
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| Cox v. Brady Basements, No. A-05-406.,
NEBRASKA COURT OF APPEALS, March 7, 2006, Filed
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Overview: Review panel did not err in holding that employee was entitled to future medical expenses under Neb. Rev. Stat. § 48-120 because future medical treatment was reasonably necessary to relieve the employee from the effects of his work-related hand and wrist injury and employee did not complete his orthopedic care due to employer's denial of his claim.
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| Deann E. v. Jeffery E., No. A-05-981.,
NEBRASKA COURT OF APPEALS, March 7, 2006, Filed
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Overview: Termination of father's parental rights to his son under Neb. Rev. Stat. § 42-364(7)(a) was in the son's best interest and was supported by clear and convincing evidence of abandonment where father had not seen his son in 3 years and father's preoccupation with blaming the mother for death of their first child would have been harmful to the son.
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| Erikson v. Abels, No. A-04-673.,
NEBRASKA COURT OF APPEALS, March 7, 2006, Filed
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Overview: Wife did not argue that trial court denied husband's motion to realign insurer as party plaintiff in brief; therefore, error was not addressed on appeal. Pursuant to Neb. Rev. Stat. § 48-118, wife did not have standing to assert insurer had to actively join in prosecution of action against driver. The insurer was not entitled to any recovery.
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| Howe v. Hinzman, No. A-04-683.,
NEBRASKA COURT OF APPEALS, March 7, 2006, Filed
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Overview: District court did not err in overruling driver's motion to strike juror as there was no bias where juror's adult daughter was being represented in unrelated case by counsel for one of the parties; because jury found that operator was negligent, driver did not suffer prejudice from district court's refusal to determine that operator was negligent.
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| Mruk v. Mruk, No. A-04-1114.,
NEBRASKA COURT OF APPEALS, March 7, 2006, Filed
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Overview: In a dissolution proceeding, the property to be divided consisted of an IRA and shares of stock purchased with proceeds from a common fund containing both premarital and marital funds. The value of the property as of the date of marriage was treated as premarital property, and the balance of the fund was marital property.
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| Roubal v. State, No. A-05-875.,
NEBRASKA COURT OF APPEALS, March 7, 2006, Filed
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Overview: Employee's petition for review of final decision of Nebraska Department of Health and Human Services was untimely under Neb. Rev. Stat. § 25-534 as it was not filed within 30-day period specified in Neb. Rev. Stat. § 84-917, computed as required by Neb. Rev. Stat. § 25-2221; therefore, district court did not have jurisdiction to consider merits.
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| State v. Holzer, No. A-04-596.,
NEBRASKA COURT OF APPEALS, March 7, 2006, Filed
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Overview: District court did not err in denying defendant's motion for post-conviction relief based on a claim of ineffective assistance of counsel because defendant failed to establish that counsel's failure to file a motion to suppress or advice to accept a plea bargain prejudiced his defense; also he failed to show counsel failed to file a timely appeal.
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