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| Doyle v. Watts Trucking of Neb., Inc., No. A-05-929.,
NEBRASKA COURT OF APPEALS, July 10, 2007, Filed
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Overview: Where a driver was injured in a collision with a garbage truck, it was not clearly wrong to find that the sole proximate cause of the accident was the driver, because, inter alia, there was evidence that the driver failed to stop at a stop sign and there was no evidence that the employee was sleepy; Neb. Rev. Stat. § 25-21,185.09 was inapplicable.
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| Malin v. Loynachan, No. A-05-1012.,
NEBRASKA COURT OF APPEALS, July 10, 2007, Filed
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Overview: Under equitable division of Neb. Rev. Stat. § 42-365, husband did not meet burden of showing entire $ 71,000 of his severance package should have been set off as nonmarital property as, although a portion of severance package was earned prior to marriage, the remainder was earned during the marriage and was to be added back to investment account.
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| Mays v. Drivers Mgmt., No. A-06-1178.,
NEBRASKA COURT OF APPEALS, July 10, 2007, Filed
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Overview: Where an employee suffered a back injury at work, it was not clearly wrong to find that he was not permanently totally disabled, but, rather, that he suffered an 80% loss of earning power, because, inter alia, the vocational rehabilitation counselor's opinion was entitled to a presumption of correctness based on Neb. Rev. Stat. § 48-162.01(3).
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| State v. Bearden, No. A-06-914.,
NEBRASKA COURT OF APPEALS, July 10, 2007, Filed
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Overview: The district court abused its discretion when it imposed excessively lenient sentences for defendant given history of aggressive and violent conduct; under Neb. Rev. Stat. § 29-2322, sentence did not afford deterrence, protect future partners, or reflect seriousness of offenses. Under Neb. Rev. Stat. § 29-2323, greater sentences were imposed.
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| State v. Rudnick, No. A-06-625.,
NEBRASKA COURT OF APPEALS, July 10, 2007, Filed
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Overview: On appeal from conviction of 4 counts of sexual assault in first degree, in violation of Neb. Rev. Stat. § 28-319(1)(c), contention trial court erred by "participating in discovery" because of its in camera inspection of psychological records was baseless; procedure used was that outlined by Nebraska Supreme Court and requested by defense counsel.
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| Wild v. Wild, No. A-06-877.,
NEBRASKA COURT OF APPEALS, July 10, 2007, Filed
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Overview: Court erred by granting a mother's request for permanent removal of the child from Nebraska because the father was a capable and loving father who had vigorously opposed removal, the mother had no legitimate reason for seeking removal, and the child's best interests did not collectively weigh in favor of allowing removal.
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