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| Barger v. Abboud, No. A-05-652,
NEBRASKA COURT OF APPEALS, May 15, 2007, Filed
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Overview: Order granting summary in favor of borrower in case related to alleged $ 30,000 loan was reversed because a genuine issue of material fact existed as to whether the alleged debt was discharged in borrower's bankruptcy proceeding; the pleadings included an assertion by the borrower that there would be assets to be distributed to unsecured creditors.
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| Bosiljevac v. Bd. of Trs., No. A-05-541,
NEBRASKA COURT OF APPEALS, May 15, 2007, Filed
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Overview: Board's decision to deny an employee's request for a disability pension should have been upheld because there was some competent evidence in the record supporting a conclusion that his current disability was neither permanent nor related to his prior back injury; independent medical examiner questioned the symptoms' causation and permanency.
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| CORBIN v. MURDOCK (In re Estate of Corbin), No. A-05-1051,
NEBRASKA COURT OF APPEALS, May 15, 2007, Filed
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Overview: A niece's claim for personal services provided to a decedent should not have been allowed because she did not overcome the presumption that the services were rendered gratuitously since there was no evidence that the services were rendered with the expectation that compensation would be paid, and the services provided were personal in nature.
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| Hertzel v. Palmyra Sch. Dist., NO. A-05-711,
NEBRASKA COURT OF APPEALS, May 15, 2007, FILED
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Overview: Where a kindergarten student allegedly was molested twice by another student at school, summary judgment was inappropriate as to the negligence claim against the school district because a factual dispute existed as to whether the guidance counselor's failure to act was reasonable given the school's duty to supervise its students.
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| Omaha Cold Storage Terminals, Inc. v. Patterson, No. A-05-713,
NEBRASKA COURT OF APPEALS, May 15, 2007, Filed
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Overview: In an employee's wrongful termination action, the trial court erred in denying her request for a jury trial on the factual issues concerning whether an employment contract was entered by the parties as the term "summarily" in Neb. Rev. Stat. § 25-2603(b) did not mandate that the issue was to be tried without a jury.
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| Omaha Police Union Local 101 v. City of Omaha, No. A-05-1160,
NEBRASKA COURT OF APPEALS, May 15, 2007, Filed
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Overview: In a police union's action alleging the City breached the parties' collective bargaining agreement (CBA) by failing to make full payment of emergency room charges assessed to a police officer, the City breached the CBA as it failed to treat the officer's claim as resolved and failed to pay the remainder of the emergency room charges.
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| State v. Sears, No. A-06-804,
NEBRASKA COURT OF APPEALS, May 15, 2007, Filed
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Overview: In a burglary case, denial of defendant's motion for new trial under Neb. Rev. Stat. § 29-2101(5) was proper as the alleged newly discovered evidence of an eyewitness's uncertainty about the number of people she saw running from her apartment complex in a codefendant's second trial would probably not have produced a substantially different result.
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| State v. Valverde, No. A-06-939,
NEBRASKA COURT OF APPEALS, May 15, 2007, Filed
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Overview: A lower court's decision sustaining an individual's discharge motion based upon a violation of his Neb. Rev. Stat. § 29-1207 right to a speedy trial was clearly erroneous where 66 days should have been excluded from the speedy trial clock and as calculated, the trial had begun on the last day of the speedy trial period.
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| Yoachim v. DMV, No. A-05-880,
NEBRASKA COURT OF APPEALS, May 15, 2007, Filed
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Overview: A driver's license revocation was improperly reversed because, under Neb. Rev. Stat. § 60-498.01(7), an officer's sworn report was properly admitted into evidence at the hearing, and the introduction of the sworn report, even if offered only for jurisdictional purposes, created a prima facie case for revocation which the driver had to disprove.
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