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   State Courts - Nebraska - August 11 - August 15, 2006

  
Irving F. Jensen Co. v. State, No. S-04-1315., SUPREME COURT OF NEBRASKA, August 11, 2006, Filed
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Overview: Pursuant to Neb. Rev. Stat. § 81-8,306, the State of Nebraska, Department of Roads' (DOR) breach of contract occurred on May 22, 2001, when the DOR denied the corporation's claim for extra compensation for extra work resulting from differing conditions. The corporation's other claims against the DOR were time barred.

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Nat'l Am. Ins. Co. v. Constructors Bonding Co., No. S-05-251., SUPREME COURT OF NEBRASKA, August 11, 2006, Filed
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Overview: Summary judgment in a bonding company's favor in an insurer's negligence suit was proper as the insurer failed to establish that the bonding company had a duty to disclose to the insurer any claims activity involving a third party and another surety to whom the insurer issued surety bonds.

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State v. Iromuanya, No. S-05-367., SUPREME COURT OF NEBRASKA, August 11, 2006, Filed
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Overview: Trial court did not abuse its discretion in admitting witness's testimony: (1) about defendant's hairstyle on the day of the shooting; (2) about who defendant's friends were; or (3) about the witness's fear of defendant's friends because none of the testimony implicated gang involvement, and the testimony was relevant to the witness's credibility.

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Dennes v. Dunning, No. A-05-182., NEBRASKA COURT OF APPEALS, August 15, 2006, Filed
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Overview: In an action brought pursuant to 42 U.S.C.S. § 1983, on the pleadings presented, plaintiff failed to state a claim against a county and the other defendants in their official capacities, where plaintiff failed to allege any official policy or custom of the county which inflicted the alleged injuries or deprivations of federal rights.

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Lenzen v. JG Shopping Ctr. Mgmt. LLC, No. A-04-1214., NEBRASKA COURT OF APPEALS, August 15, 2006, Filed
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Overview: In a personal injury action brought by plaintiff married couple after wife slipped and fell at a mall, plaintiffs failed to adduce any evidence which would permit a fact finder to infer that defendants and their agents were negligent in not having discovered a clear liquid and napkins on the floor in time to remedy situation prior to wife's fall.

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Olson v. Capital Elec., No. A-05-1555., NEBRASKA COURT OF APPEALS, August 15, 2006, Filed
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Overview: Pursuant to Neb. Rev. Stat. § 48-121(1), the evidence supported an award of total temporary disability benefits to the employee where accepting the position in Kansas City was not a feasible option for the employee and that despite the possibility of employment there, the trial court was not clearly wrong in awarding benefits.

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