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| Hillabrand v. Am. Family Mut. Ins. Co., No. S-05-049.,
SUPREME COURT OF NEBRASKA, May 12, 2006, Filed
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Overview: Where company's UIM coverage endorsement provided that it did not apply for bodily injury to person while occupying motor vehicle that was not insured under that policy if it was owned by company owner, company's policy did not provide coverage to company owner when accident occurred while he was driving personal vehicle on company business.
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| Kluver v. Deaver, No. S-05-104.,
SUPREME COURT OF NEBRASKA, May 12, 2006, Filed
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Overview: Summary judgment was affirmed because reading the contract as a whole, it was unambiguous, and extrinsic evidence could not be used to interpret the contract, when the contract specifically stated the location of land at issue and defined the "premises" as consisting of that specific land.
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| Campagna v. Higday, No. A-04-1251.,
NEBRASKA COURT OF APPEALS, May 16, 2006, Filed
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Overview: In a case in which plaintiffs sought to quiet title to two parcels of land within an 80-acre property, which were referred to as parcel 1 and parcel 2, the trial court did not err in finding that the parties mutually recognized and acquiesced in the side yard of parcel 1 and in the fence line on parcel 2 as boundaries between the properties.
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| Porter v. Neth, No. A-04-1386.,
NEBRASKA COURT OF APPEALS, May 16, 2006, Filed
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Overview: When a district court reversed a decision of Nebraska Department of Motor Vehicles to revoke a driver's license, district court erred, pursuant to Neb. Rev. Stat. tit. 177, because it relied on issues, such as whether breath machine was authorized device, that parties had not raised in proceedings before administrative hearing.
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| State v. Germai M. (In re Jamie M.), No. A-05-438.,
NEBRASKA COURT OF APPEALS, May 16, 2006, Filed
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Overview: Where sufficient grounds to terminate a father's rights to his daughter under Neb. Rev. Stat. § 43-292(10) did not exist at trial level because father's conviction for death of the sister was on appeal and thus not final, appellate court waited until convictions were final, took notice of the opinion, and then grounds existed under § 43-292(10).
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| McLeay v. Bergan Mercy Health Sys. Corp., No. S-04-117.,
SUPREME COURT OF NEBRASKA, May 19, 2006, Filed
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Overview: Where a doctor whose privileges had been suspended sued a medical center, the center was immune from liability because he failed to rebut the presumption that its peer review board acted with a reasonable belief that it was furthering quality care under the Health Care Quality Improvement Act of 1986, 42 U.S.C.S. § 11101 et seq.
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| Lecuona v. Cramer, No. A-05-822.,
NEBRASKA COURT OF APPEALS, May 23, 2006, Filed
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Overview: Claimant was not disqualified from receiving unemployment benefits, as she was not a "student" as defined by Neb. Rev. Stat. § 48-628(7); unlike more traditional courses wherein students registered for 12 or more credit hours and attended classes throughout week, claimant was only in class 4 hours on Saturdays and was available for full time work.
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| United States Bank Nat'l Ass'n v. Empire Park Joint Venture, No. A-04-1168.,
NEBRASKA COURT OF APPEALS, May 23, 2006, Filed
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Overview: Trial court was not clearly wrong when it held phrase "Moody's AAA Corporate Bond Index as published for the period next preceding July 1" in rent escalation clause in commercial lease meant Moody's daily index; court clearly found that lessee's expert was credible and that the parties had historically used daily index and that was their intent.
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