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| Griffin v. Drivers Mgmt., No. A-05-995.,
NEBRASKA COURT OF APPEALS, May 2, 2006, Filed
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Overview: Where workers' compensation claimant left employment, was rehired, then was injured on the job after working probationary period, review panel erred in including probationary period in calculating claimant's average weekly wage under Neb. Rev. Stat. § 48-126 as character of employment was not the same under different wage schedules.
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| Homemakers, Inc. v. Douglas County Bd. of Equalization, No. A-05-872.,
NEBRASKA COURT OF APPEALS, May 2, 2006, Filed
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Overview: Tax Equalization and Review Commission (TERC) erred in affirming county board of equalization's valuation of a taxpayer's residential "mansion class" property at $ 2,928,000 for 2003; presumption of correctness of assessor's valuation had been overcome, and taxpayer showed by clear and convincing evidence value of property for 2003 was $ 1,500,000.
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| Messinger v. Forsman, No. A-04-829.,
NEBRASKA COURT OF APPEALS, May 2, 2006, Filed
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Overview: Pursuant to Neb. Rev. Stat. § 25-21,185.09, proper way for jury to consider issue of special administrator's son's contributory negligence was a proper instruction on comparative negligence. It was plain error to allow jury to consider doctor's defense that son was responsible for his own death without giving contributory negligence instruction.
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| Nichols v. Nichols, No. A-04-884.,
NEBRASKA COURT OF APPEALS, May 2, 2006, Filed
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Overview: Because the wife accepted the benefits of the divorce decree by accepting several months' alimony payments, she waived the right to assert that the district court erred in dividing the marital estate and the alimony award. The district court did not err in determining that wife proved inheritance money should be set aside.
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| O'Hara v. DMV, No. A-04-1128.,
NEBRASKA COURT OF APPEALS, May 2, 2006, Filed
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Overview: District court was without jurisdiction to review Nebraska Department of Motor Vehicles' revocation of the driver's license and affirm because there had not been a rendition of judgment by the director as required by Neb. Admin. Code tit. 247, ch. 1, § 021.01; director's signature was required for an order of revocation to be considered rendered.
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| State v. Arevalo-Martinez, No. A-05-428.,
NEBRASKA COURT OF APPEALS, May 2, 2006, Filed
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Overview: Defendant could be found guilty of aiding and abetting manslaughter. He was not prejudiced by the instructions as jury chose least serious crime available for his conviction under process which showed no harm. Even if translation of defendant's statements at arraignment were erroneously admitted, there was sufficient evidence to sustain conviction.
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| State v. Caniglia, No. A-05-069.,
NEBRASKA COURT OF APPEALS, May 2, 2006, Filed
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Overview: In a case in which the State appealed, pursuant to Neb. Rev. Stat. § 29-2320, an order terminating drunk driving defendant's probation as unsuccessful, the order resulted in an excessively lenient sentence; given defendant's repeated pattern of alcohol-related offenses, the new sentence imposed did not provide just punishment.
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| State v. Stacey T. (In re Andrew S.), No. A-05-1335.,
NEBRASKA COURT OF APPEALS, May 2, 2006, Filed
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Overview: Trial court did not err in taking jurisdiction over a child shortly after his birth under Neb. Rev. Stat. § 43-247(3)(a) based on parents' failure to correct conditions which had caused their two older children to have been removed from parental care, moreover, time lag between previous relinquishments and the new child's birth was a mere 3 months.
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