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| Castillo v. Young, No. S-04-1354.,
SUPREME COURT OF NEBRASKA, August 18, 2006, Filed
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Overview: In a negligence case, reversible error was committed when a trial court failed to give a jury instruction regarding the "eggshell-skull" plaintiff doctrine because the medical evidence showed that an injured party's previously broken jaw was aggravated by a car accident.
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| Crouse v. Pioneer Irrigation Dist., No. S-05-402.,
SUPREME COURT OF NEBRASKA, August 18, 2006, Filed
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Overview: A mandamus petition was denied because land was properly not excluded from an irrigation district under Neb. Rev. Stat. § 46-176; an irrigation district was legally prevented from providing water due to the cancellation of water rights, and there was no showing that the land could not have been irrigated under Neb. Rev. Stat. § 46-176.
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| Gilbert M. & Martha H. Hitchcock Found. v. Kountze, No. S-04-1385.,
SUPREME COURT OF NEBRASKA, August 18, 2006, Filed
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Overview: District court did not have jurisdiction to hear derivative action on behalf of charitable foundation alleging fraud against board members because appellees failed to provide evidence that attorney general had been notified as required by Neb. Rev. Stat. § 21-1949.
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| Johnson v. Johnson, No. S-04-1396.,
SUPREME COURT OF NEBRASKA, August 18, 2006, Filed
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Overview: While if shareholder had stated cause of action against Delaware corporation for which relief could be granted, Nebraska would have had power to grant relief, whether the corporations were alter egos, and the legal effect of such a finding, was determined by Delaware law.
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| Pennfield Oil Co. v. Winstrom, No. S-04-982.,
SUPREME COURT OF NEBRASKA, August 18, 2006, Filed
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Overview: In dispute among corporation, president, decedent's personal representative and decedent's estate about corporation's redemption of stock pursuant to stock transfer agreements, district court erred in denying corporation's and president's request for relief because decedent's will could not supersede specific restrictions on stock transfer.
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| McPherson v. VFW of Geneva, No. A-05-1234.,
NEBRASKA COURT OF APPEALS, August 22, 2006, Filed
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Overview: An employee was improperly awarded future medical care in a workers' compensation case because the limitation on such in a prior award was not ambiguous; moreover, the issue was barred by the doctrine of res judicata since the matter was addressed or necessarily included in the former adjudication.
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| State v. Andrew B. (In re Jesse B.), No. A-06-127.,
NEBRASKA COURT OF APPEALS, August 22, 2006, Filed
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Overview: Where the father was convicted of child abuse for injuring his daughter, clear and convincing evidence showed that termination of the father's parental rights under Neb. Rev. Stat. § 43-292(2), (6)-(9) was in the best interests of his daughter and her sibling brother.
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| State v. Drinkwalter, No. A-04-988.,
NEBRASKA COURT OF APPEALS, August 22, 2006, Filed
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Overview: By pleading guilty, defendant waived any claim that he could not be convicted via a plea agreement of both an unintentional felony, manslaughter, and an intentional felony, use of a weapon to commit a felony.
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| Weiler v. Union Ins. Co., No. A-05-454.,
NEBRASKA COURT OF APPEALS, August 22, 2006, Filed
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Overview: Summary judgment in favor of an insurer was affirmed because replacing just one side of the siding would return the insured's residence as nearly as possible to its pre-damage condition, and the policy did not require the insurer to cover replacement of the other three sides, the faded condition of which was not due to hail damage.
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