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| Farmland Foods, Inc. v. State, No. S-05-1148,
SUPREME COURT OF NEBRASKA, March 23, 2007, Filed
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Overview: Denial of a portion of taxpayers' claim for a credit refund under the Employment and Investment Growth Act, Neb. Rev. Stat. §§ 77-4101 to 77-4112, commonly referred to as L.B. 775, was affirmed because the limitations placed on the credit refund in the project agreement was not contrary to the taxpayers' rights under the plain language of L.B. 775.
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| Geddes v. York County, No. S-05-1359,
SUPREME COURT OF NEBRASKA, March 23, 2007, Filed
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Overview: Summary judgment in favor of the County, dismissing the claimant's negligence suit was affirmed because the claim was withdrawn prior to the expiration of the 6-month period specified in Neb. Rev. Stat. § 13-906, as the phrase "within six months" included the last day of the 6-month time period.
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| Livengood v. Neb. State Patrol Ret. Sys., No. S-05-710,
SUPREME COURT OF NEBRASKA, March 23, 2007, Filed
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Overview: Order requiring the retirement benefits of the officers to be recalculated on 240 sick leave hours per year instead of 108 hours under the contract was reversed because the specific number of hours did not constitute a retirement program under Neb. Rev. Stat. § 81-1377(2).
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| Richter v. City of Omaha, No. S-05-1550,
SUPREME COURT OF NEBRASKA, March 23, 2007, Filed
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Overview: Although claimant, who sustained personal injuries when she stepped into a hole located on a public right-of-way, claimed that city was negligent because it destroyed relevant work orders after she filed suit, claimant failed to affirmatively demonstrate city destroyed the work orders intentionally or in bad faith.
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| State v. Jacobson, No. S-06-195,
SUPREME COURT OF NEBRASKA, March 23, 2007, Filed
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Overview: Evidence of defendant's speed was admissible under Neb. Rev. Stat. § 60-6,192(1), where the accuracy of the radar equipment used to determine speed of defendant's vehicle been established. Tuning forks used to conduct external calibration checks had been specifically assigned to arresting officer's radar unit and had been certified for accuracy.
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| State v. Sanders, Nos. A-05-1415, A-06-523,
NEBRASKA COURT OF APPEALS, March 27, 2007, Filed
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Overview: Officers had probable cause, Fourth Amendment, to search defendant's vehicle because very distinctive characteristics linked defendant's vehicle and a vehicle used in a burglary, and the driver's-side door to defendant's vehicle was unlocked and was open 1 inch; that also showed that the officers did not need a search warrant to enter the vehicle.
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| State v. Sanders, Nos. A-05-1415, A-06-523,
NEBRASKA COURT OF APPEALS, March 27, 2007, Filed
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Overview: In a burglary case, joinder of the offenses was proper, Neb. Rev. Stat. § 29-2002, because three of the four charges were for stealing cigarettes, in all but one of the offenses, the perpetrator broke into a business by throwing a rock through a glass door or window, and defendant admitted to a witness that he committed all of the crimes.
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| Bennett v. St. Elizabeth Health Sys., No. S-05-1306,
SUPREME COURT OF NEBRASKA, March 30, 2007, Filed
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Overview: Because a consequential injury to a hospital employee's left shoulder was covered under the Nebraska Workers' Compensation Act, the employee's exclusive remedy was under the Workers' Compensation Act. Therefore, the employee's medical malpractice action against the hospital was barred.
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| State v. Gozzola, No. S-06-965,
SUPREME COURT OF NEBRASKA, March 30, 2007, Filed
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Overview: District court did not err in sustaining defendant's motion to quash an information charging him with being a felon in possession of a deadly weapon in violation of Neb. Rev. Stat. § 28-1206(1). Possession of knife by convicted felon was not made unlawful by plain language of § 28-1206(1), and parties stipulated defendant possessed only a knife.
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