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| McGrath v. City of Omaha, No. S-04-1239.,
SUPREME COURT OF NEBRASKA, May 5, 2006, Filed
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Overview: District court did not err finding that resident's injuries were proximately caused by nonnegligent actions of police officer during vehicular pursuit, triggering city's strict liability under Neb. Rev. Stat. § 13-911; however, district court erred in not awarding city credit against judgment in full amount of insurance payments made to resident.
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| Orduna v. Total Constr. Servs., No. S-05-101.,
SUPREME COURT OF NEBRASKA, May 5, 2006, Filed
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Overview: Court did not err in overruling contractor's motion for new trial because, inter alia, damages of $ 183,000 awarded to a homeowner who fell into basement because stairs had been removed, was not excessive; homeowner fractured his ankle, his medical expenses and lost wages amounted to over $28,000, and he suffered from a 5 % whole person impairment.
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| Spear T Ranch, Inc. v. Knaub, No. S-05-759.,
SUPREME COURT OF NEBRASKA, May 5, 2006, Filed
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Overview: District court properly denied public power and irrigation district's motion to intervene pursuant to Neb. Rev. Stat. § 25-328 where district would gain or lose nothing by damage award in favor of ranch or judgment in favor of ground water irrigators; the district did not have direct and legal interest in subject matter of action asserted by ranch.
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| Staley v. City of Omaha, No. S-04-1240.,
SUPREME COURT OF NEBRASKA, May 5, 2006, Filed
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Overview: District court properly concluded that a vehicular pursuit of fleeing motorist was the proximate cause of automobile passenger's injuries under Neb. Rev. Stat. § 13-911 of the Nebraska Political Subdivisions Tort Claims Act, as there was ample evidence that the pursuit set in motion a series of events that resulted in passenger's injuries.
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| State ex rel. Counsel for Discipline of the Neb. Supreme Court v. Mellor, No. S-96-1290.,
SUPREME COURT OF NEBRASKA, May 5, 2006, Filed
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Overview: Attorney did not meet burden of showing by clear and convincing evidence that his license to practice law in Nebraska should be reinstated as there was no testimony or written support from lawyers or judges regarding his present character and fitness to practice law pursuant to Neb. Ct. R. Disc. 10 and had not engaged in law-related activity.
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| State v. Molina, No. S-04-1230.,
SUPREME COURT OF NEBRASKA, May 5, 2006, Filed
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Overview: In defendant's child abuse resulting in death case, the court's refusal to instruct the jury on negligent child abuse, Neb. Rev. Stat. § 28-707, was not prejudicial because the jury necessarily rejected evidence that supported a finding that only the lesser-included offense was committed because it determined that he acted with the intent to kill.
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| Willet v. County of Lancaster, No. S-05-204.,
SUPREME COURT OF NEBRASKA, May 5, 2006, Filed
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Overview: In a case brought pursuant to the Nebraska Political Subdivisions Tort Claims Act, claimant failed to prove a genuine issue of material fact existed whether county's actions proximately caused collision between claimant and another driver; even if county breached its duty to claimant, other driver was an efficient intervening cause of collision.
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| Brokaw v. Spence, No. A-04-1046.,
NEBRASKA COURT OF APPEALS, May 9, 2006, Filed
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Overview: Since plaintiff did not challenge district court's finding that there was no genuine issue of material fact because the registered owner of the car was not negligent nor was he the proximate cause of any injuries suffered by plaintiff, district court properly granted summary judgment in favor of the registered owner and the driver of the car.
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| Controlled Rain, Inc. v. Sanders, No. A-04-858.,
NEBRASKA COURT OF APPEALS, May 9, 2006, Filed
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Overview: Court properly found that a former employer failed to prove that a former employee misappropriated proprietary and confidential information or trade secrets, Neb. Rev. Stat. § 87-502, where a customer list included easily ascertainable information such as the customer's name, address, and telephone number.
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| Monroe v. Monroe, No. A-04-865.,
NEBRASKA COURT OF APPEALS, May 9, 2006, Filed
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Overview: Ex-husband's appeal of Neb. Rev. Stat. § 42-924 (Reissue 2004) protective order obtained by ex-wife was moot because order had expired, and the parties were no longer affected by it; husband was therefore no longer affected by 18 U.S.C.S. § 922(g)(8), which he claimed jeopardized his job because carrying a firearm was essential function of job.
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