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| Reed v. City of Omaha, No. A-05-206.,
NEBRASKA COURT OF APPEALS, December 5, 2006, Filed
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Overview: In a case in which personal representative of deceased automobile passenger's estate brought a wrongful death claim against city, because passenger provoked or advocated driver to start or continue his flight from police, passenger lost her innocent third party status, and her estate was barred from recovering under Neb. Rev. Stat. § 13-911.
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| Russell v. Clarke, No. A-04-1319.,
NEBRASKA COURT OF APPEALS, December 5, 2006, Filed
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Overview: Inmate was not entitled to mandamus writ to compel government officials to provide information about food services company when the inmate did not send copying fees for certain documents and the remaining documents were not public records in the officials' possession. Under Neb. Rev. Stat. § 25-2164 the officials were entitled to summary judgment.
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| Schrier v. Schrier, No. A-05-817.,
NEBRASKA COURT OF APPEALS, December 5, 2006, Filed
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Overview: An award of custody to a father was not in the children's best interests, Neb. Rev. Stat. § 42-364, because the mother was a fit parent and had been the children's primary caregiver, the children were well adjusted, had many friends, were doing well in school, and there was evidence that the father gambled freely in front of the children.
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| State v. Hauck, No. A-06-250.,
NEBRASKA COURT OF APPEALS, December 5, 2006, Filed
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Overview: Evidence was sufficient for conviction for receiving stolen property valued at over $ 1,500, Class III felony, in violation of Neb. Rev. Stat. § 28-517; it was undisputed defendant sold antique gas pump day after it was stolen, and while he denied knowing it was stolen, he testified when officer came to his home, he knew it must have been stolen.
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| Steskal v. Iams Co., No. A-06-171.,
NEBRASKA COURT OF APPEALS, December 5, 2006, Filed
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Overview: Trial court properly determined workers' compensation claimant was entitled under Neb. Rev. Stat. § 48-121(2) to benefits for 300 weeks minus the weeks of both total disability and temporary partial disability benefits paid by employer. Trial court was not clearly wrong in determining that claimant sustained a 70-percent loss of earning capacity.
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| Wagoner v. Tracy, No. A-05-301.,
NEBRASKA COURT OF APPEALS, December 5, 2006, Filed
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Overview: Pursuant to Neb. Rev. Stat. § 42-365, district court did not err in awarding wife alimony for five years as wife suffered loss of earning power when she was stay-at-home parent and there was income disparity between parties. Award of attorney fees to wife was proper. Using father's average income in determining child support obligation was proper.
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