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| Fickle v. State, No. S-04-1250.,
SUPREME COURT OF NEBRASKA, July 20, 2007, Filed
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Overview: In mother's action against State under Nebraska State Tort Claims Act arising out of accident at traffic signal that seriously injured her son, State was not immune from liability under traffic-signal exemption in Neb. Rev. Stat. § 81-8,219(9) as it had notice of malfunctioning light, did not repair it in reasonable time, and had duty to do so.
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| Jackson v. Bhd.'s Relief & Comp. Fund, No. S-06-177.,
SUPREME COURT OF NEBRASKA, July 20, 2007, Filed
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Overview: Judgment for employee in action against compensation fund for failure to pay benefits after employee was suspended for failing to provide urine sample for drug test was reversed; district court's admission of documents into evidence was improper under Neb. Rev. Stat. § 27-702 and Neb. Rev. Stat. § 27-803(17) and could have unfairly prejudiced fund.
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| Polk County Rec. Ass'n v. Susquehanna Patriot Commer. Leasing Co., No. S-06-442.,
SUPREME COURT OF NEBRASKA, July 20, 2007, Filed
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Overview: A mandatory forum selection clause which provided for filing suit in another state was enforceable under Neb. Rev. Stat. § 25-415 where none of the exceptions in § 25-415 applied. There was no abuse of discretion in dismissing a declaratory judgment action when an action concerning the same parties and issues was pending elsewhere.
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| Zahl v. Zahl, No. S-06-1123.,
SUPREME COURT OF NEBRASKA, July 20, 2007, Filed
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Overview: Where neither party requested joint physical custody and the evidence was limited to deciding sole custody, a hearing on joint custody was required before it could be imposed on the parties. Also, a trial court erred by failing to find that joint physical custody was in the child's best interests, as required by Neb. Rev. Stat. § 42-364(5).
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| ARL Credit Servs., Inc. v. Piper, No. A-06-624.,
NEBRASKA COURT OF APPEALS, July 24, 2007, Filed
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Overview: Pursuant to Neb. Rev. Stat. § 25-1552, in response to a garnishment summons against the judgment debtor's bank account, the debtor could assert the in-lieu-of-homestead exemption; the county court had to determine if the debtor's claim of the exemptions was made before final judgment in the garnishment action.
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| Higginbotham v. Sukup, No. A-06-624.,
NEBRASKA COURT OF APPEALS, July 24, 2007, Filed
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Overview: In a personal injury case arising out of an automobile accident, the trial court committed reversible error in not instructing the jury that if it was unable to separate the damages caused by plaintiff's preexisting neck condition from those caused by the collision, then defendant was liable for all of plaintiff's damages.
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| Rambo v. Sullivan R.E. Group, L.L.C., No. A-05-1020.,
NEBRASKA COURT OF APPEALS, July 24, 2007, Filed
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Overview: District court did not err in declining landowner's damages theory of disgorgement of profits or in dismissing breach of contract, fraudulent misrepresentation, and quantum meruit claims. Parties did not form enforceable oral contract at June 1998 meeting. Landowner's claims were not frivolous to warrant sanctions under Neb. Rev. Stat. § 25-824(2).
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| Romine v. Buckridge, Inc., No. A-06-1233.,
NEBRASKA COURT OF APPEALS, July 24, 2007, Filed
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Overview: Denial of workers' compensation benefits to worker for medical services and sequelae on November 5, 2004, as services were not proximate result of worker's work-related injury but of worker's preexisting coronary artery disease. Worker did not suffer permanent damage. Worker suffered a compensable injury, Neb. Rev. Stat. § 48-151, on November 4.
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| State v. Coldanghise, No. A-06-938.,
NEBRASKA COURT OF APPEALS, July 24, 2007, Filed
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Overview: The district court's order granting defendant's motion to discharge his probation revocation proceeding was improper, Neb. Rev. Stat. § 29-2267, where the county court's order overruling such motion was not a final, appealable order and the speedy trial statutes were tolled; both the appellate court and district court were without jurisdiction.
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| State v. Wal M. (In re Ajal B.), No. A-06-1354.,
NEBRASKA COURT OF APPEALS, July 24, 2007, Filed
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Overview: A preponderance of the evidence did not support an adjudication of a father's children on count II, Neb. Rev. Stat. § 43-247(3)(a), where the stipulated facts failed to establish any causal connection or other nexus between the father's intoxication and an injury to the mother, and the evidence did not suggest that the parental conduct would recur.
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