Nebraska Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Nebraska or Court of Appeals of Nebraska where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Buhrman v. Jayhawk Boxes - 7/30/2002
(not designated for permanent publication)
INTRODUCTION
Jayhawk Boxes, Inc. (Jayhawk), appeals from the Workers' Compensation Court review panel's order affirming the trial court's order which awarded Raymond Buhrman...
Zavala v. ConAgra Beef Co. - 6/25/2002
Maria Zavala petitioned for workers' compensation benefits for an on-the-job injury she sustained while working for ConAgra Beef Company (ConAgra). The Nebraska Workers' Compensation Court trial judge found that Zavala had sustained a...
Brockman v. Brockman - 6/21/2002
NATURE OF CASE
Todd Dean Brockman appeals from the order of the district court dissolving his marriage to Caroline Greer Brockman and ordering him to pay child support. The primary issue presented in this appeal is whether the...
Meredith v. Schwarck Quarries - 6/18/2002
(not designated for permanent publication)
I. INTRODUCTION
Schwarck Quarries, Inc. (Schwarck), appeals from an order of a review panel of the Nebraska Workers' Compensation Court affirming an award of the trial court...
Johnson v. K & B Transportation and Liberty Mutual - 6/11/2002
(not designated for permanent publication)
I. INTRODUCTION
In this workers' compensation case, the trial judge awarded Tony Johnson temporary total disability benefits and temporary partial disability benefits. The trial...
Pawlusiak v. Pawlusiak - 6/7/2002
NATURE OF CASE
In this appeal, Keith A. Pawlusiak asks us to review two findings of the district court for Douglas County arising from the dissolution of his marriage with Sandra J. Pawlusiak. The first issue is whether the...
Wagner v. Union Pacific Railroad Co. - 3/26/2002
Appeal from the District Court for Scotts Bluff County: Randall L. Lippstreu, Judge. Affirmed.
I. INTRODUCTION
Wayne Wagner filed suit in the district court for Scotts Bluff County against his employer, the Union Pacific...
Dockweiler v. Oden Enterprises - 3/26/2002
(not designated for permanent publication)
Appeal from the Nebraska Workers' Compensation Court. Judgment vacated, and cause remanded with directions.
Thomas L. Dockweiler appeals the review panel's affirmance of an award...
Robinson v. NABCO - 3/12/2002
Appeal from the District Court for Douglas County: W. Mark Ashford, Judge. Affirmed.
In this products liability action, the Douglas County District Court determined that Nebraska lacks personal jurisdiction over NABCO, Inc., a...
Mentzel v. Fisher Montague Electric - 3/5/2002
(not designated for permanent publication)
Appeal from the Nebraska Workers' Compensation Court. Affirmed.
INTRODUCTION
Fisher Montague Electric and CGU Hawkeye-Security, its workers' compensation carrier,...
Majerus v. Majerus - 2/19/2002
(not designated for permanent publication)
Appeal from the District Court for Boone County: Michael Owens, Judge. Affirmed.
INTRODUCTION
George A. Majerus, father of Cody James Majerus and personal representative of...
Frauendorfer v. Lindsay Manufacturing Company - 2/15/2002
1. Workers' Compensation: Appeal and Error. An appellate court may modify, reverse, or set aside a Workers' Compensation Court decision only when (1) the compensation court acted without or in excess of its powers; (2) the judgment,...
Barner v. Sunflower Carriers and Transportation Claims - 2/12/2002
Not designated for permanent publication
Appeal from the Nebraska Workers' Compensation Court. Reversed and remanded with directions.
INTRODUCTION
In this workers' compensation case, the trial court found that...
Rush v. Wilder - 12/26/2001
(not designated for permanent publication)
Appeal from the District Court for Douglas County: W. Mark Ashford, Judge. Reversed and remanded for a new trial.
INTRODUCTION
In this action, Lenora Rush, legal guardian of...
Ohio Casualty Insurance Co. v. Carman Cartage Co. - 12/21/2001
1. Insurance: Contracts. The interpretation of an insurance policy is a question of law.
2. Declaratory Judgments: Appeal and Error. In an appeal from a declaratory judgment, an appellate court, regarding questions of law, has an...
Calvert v. Northeast Nebraska Insulation and Siding - 12/18/2001
(not designated for permanent publication)
Appeal from the Nebraska Workers' Compensation Court. Affirmed.
INTRODUCTION
Northeast Nebraska Insulation and Siding (NNIS) and Columbia Insurance Group (Columbia), its...
Smith v. Goodyear Tire and Rubber Co. - 12/4/2001
1. Workers' Compensation: Appeal and Error. An appellate court may modify, reverse, or set aside a Workers' Compensation Court decision only when (1) the compensation court acted without or in excess of its powers; (2) the judgment,...
Enyeart v. Union Pacific Railroad Co. - 12/4/2001
(not designated for permanent publication)
Appeal from the District Court for Lincoln County: John P. Murphy, Judge. Reversed and remanded for further proceedings.
I. INTRODUCTION
William E. Enyeart brought this...
Russell v. Stricker - 11/30/2001
1. Jury Instructions. Whether a jury instruction given by a trial court is correct is a question of law.
2. Judgments: Appeal and Error. When reviewing questions of law, an appellate court has an obligation to resolve the...
Paulk v. Central Laboratory Associates - 11/30/2001
1. Motions for Mistrial: Appeal and Error. A motion for mistrial is directed to the discretion of the trial court, and its ruling will not be disturbed on appeal absent a showing of abuse of that discretion.
2. Jury Instructions:...
Kirchner v. Wilson - 9/28/2001
1. Rules of Evidence. In proceedings where the Nebraska Evidence Rules apply, the admissibility of evidence is controlled by the Nebraska Evidence Rules; judicial discretion is involved only when the rules make such discretion a factor...
Roffman v. Porter - 9/25/2001
(not designated for permanent publication)
Appeal from the District Court for Douglas County: J. Michael Coffey, Judge.
Affirmed in part, and in part reversed and remanded for further proceedings.
INTRODUCTION ...
Cole v. State - 9/4/2001
Not Designated For Permanent Publication
Appeal from the District Court for Lancaster County: Jeffre Cheuvront, Judge.
Reversed and remanded for further proceedings.
INTRODUCTION
Michael A. Cole appeals from an...
Van Dorien v. Van Dorien - 9/4/2001
Not Designated For Permanent Publication
Appeal from the District Court for Lancaster County: Karen Flowers, Judge. Affirmed.
INTRODUCTION
A decree of dissolution was filed June 9, 2000, in the district court for...
Foote v. O'Neill Packing - 8/17/2001
1. Workers’ Compensation: Appeal and Error. An appellate court may modify, reverse, or set aside a Workers’ Compensation Court decision only when (1) the compensation court acted without or in excess of its powers; (2) the judgment,...
Skinner v. Ogallala Public School Dist. No. 1 - 8/10/2001
1. Summary Judgment: Appeal and Error. In reviewing a summary judgment, an appellate court views the evidence in a light most favorable to the party against whom the judgment is granted and gives such party the benefit of all...
Skinner v. Ogallala Public School District No. 1 - 8/10/2001
1. Summary Judgment: Appeal and Error. In reviewing a summary judgment, an appellate court views the evidence in a light most favorable to the party against whom the judgment is granted and gives such party the benefit of all...
Rodwell v. T&R;Drywall - 7/31/2001
(not designated for permanent publication)
Appeal from the Nebraska Workers' Compensation Court. Reversed and remanded with directions.
This case involves a Workers' Compensation Court trial judge's mistaken conclusion as...
Smith v. Southroads Shopping Center - 7/31/2001
(not designated for permanent publication)
Appeal from the District Court for Sarpy County: George A. Thompson, Judge. Affirmed.
At issue in this personal injury case is whether the trial court erred in sustaining Ina...
Kovar v. Habrock - 3/9/2001
1. Jurisdiction: Appeal and Error. The question of jurisdiction is a question of law, upon which an appellate court reaches a conclusion independent of the trial court.
2. Statutes: Pleadings: Dismissal and Non-suit: Words and...
Killin v. Sharp Services - 12/19/2000
(not designated for permanent publication)
Appeal from the Nebraska Workers' Compensation Court.
Affirmed.
INTRODUCTION
Karen J. Killin appeals from an order of the Nebraska Workers' Compensation Court review...
Johnson v. Farm Bureau Insurance Co. - 12/19/2000
(not designated for permanent publication)
Appeal from the District Court for Scotts Bluff County: Robert O. Hippe, Judge. Affirmed.
INTRODUCTION
Randy Johnson and Janet Johnson (Johnsons) appeal the decision of the...
Gerlach v. State - 12/19/2000
1. Summary Judgment. Summary judgment is proper only when the pleadings, depositions, admissions, stipulations, and affidavits in the record disclose that there is no genuine issue as to any material fact or as to the ultimate...
Vonderschmidt v. Sur-Gro - 12/19/2000
(not designated for permanent publication)
Appeal from the Nebraska Workers' Compensation Court. Reversed and remanded with direction to dismiss.
INTRODUCTION
Sur-Gro and Tri-State Insurance Co. of Minnesota,...
Parnell v. Good Samaritan Health Systems - 12/15/2000
1. Constitutional Law: Statutes: Appeal and Error. Whether a statute is constitutional is a question of law; accordingly, the Nebraska Supreme Court is obligated to reach a conclusion independent of the decision reached by the court...
Bergan Mercy Health System v. Haven - 12/15/2000
1. Constitutional Law: Statutes: Appeal and Error. Whether a statute is constitutional is a question of law; accordingly, the Nebraska Supreme Court is obligated to reach a conclusion independent of the decision reached by the court...
McDonald v. DeCamp Legal Services - 12/1/2000
1. Judgments: Appeal and Error. Whether a decision conforms to law is by definition a question of law, in connection with which an appellate court reaches a conclusion independent of that reached by the lower court.
2. Summary...
Brouilette v. DBV Enterprises - 11/21/2000
1. Workers' Compensation: Appeal and Error. An appellate court may modify, reverse, or set aside a Workers' Compensation Court decision only when (1) the compensation court acted without or in excess of its powers; (2) the judgment,...
Guico v. Excel Corp. - 11/17/2000
1. Workers' Compensation: Appeal and Error. An appellate court may modify, reverse, or set aside a Workers' Compensation Court decision only when (1) the compensation court acted without or in excess of its powers; (2) the judgment,...
Prochaska v. Douglas County - 11/3/2000
1. Summary Judgment: Appeal and Error. In reviewing a summary judgment, an appellate court views the evidence in a light most favorable to the party against whom the judgment is granted and gives such party the benefit of all...
Stinson v. City Of Lincoln - 9/19/2000
1. Political Subdivisions Tort Claims Act: Appeal and Error. In actions brought pursuant to the Political Subdivisions Tort Claims Act, the findings of the trial court will not be disturbed on appeal unless they are clearly wrong, and...
Schneider v. Chavez-Munoz - 8/8/2000
1. Verdicts: Juries: Appeal and Error. A jury verdict may not be set aside unless clearly wrong, and it is sufficient if there is any evidence presented to the jury upon which it could find for the successful party.
2. ___: ___:...
Alegent Health Bergan Mercy Medical Center v. Haworth - 7/28/2000
1. Summary Judgment. Summary judgment is proper where the facts are uncontroverted and the moving party is entitled to judgment as a matter of law.
2. Summary Judgment: Appeal and Error. In reviewing a summary judgment, an...
Chief Industries - 6/23/2000
1. Judgments: Jurisdiction: Appeal and Error. A jurisdictional question that does not involve a factual dispute is determined by an appellate court as a matter of law, which requires the appellate court to reach a conclusion...
Iwanski v. Gomes - 6/9/2000
1. Summary Judgment. Summary judgment is proper only when the pleadings, depositions, admissions, stipulations, and affidavits in the record disclose that there is no genuine issue as to any material fact or as to the ultimate...
Snyder v. Case - 6/2/2000
1. Judgments: Statutes: Appeal and Error. In connection with questions of law and statutory interpretation, an appellate court has an obligation to reach an independent conclusion irrespective of the decision made by the court below. ...
Estate of Philpot v. Aguglia - 5/26/2000
1. Statutes: Appeal and Error. Statutory interpretation presents a question of law, in connection with which an appellate court has an obligation to reach an independent conclusion irrespective of the decision made by the court below....
Vicki C. v. Prestidge - 5/26/2000
1. Statutes: Appeal and Error. When an appeal calls for statutory interpretation or presents questions of law, an appellate court must reach an independent, correct conclusion irrespective of the determination made by the court below. ...
State ex rel Nebraska State Bar v. Freese - 5/19/2000
1. Disciplinary Proceedings: Proof. To sustain a complaint in a disciplinary proceeding against an attorney, a complaint must be established by clear and convincing evidence.
2. Disciplinary Proceedings. The basic issues in a...
Byrne v. Hauptman - 3/28/2000
1. Summary Judgment. Summary judgment is proper only when the pleadings, depositions, admissions, stipulations, and affidavits in the record disclose that there is no genuine issue as to any material fact or as to the ultimate...
Slaymaker v. Breyer - 3/10/2000
1. Jurisdiction: Appeal and Error. Before reaching the legal issues presented for review, it is the duty of an appellate court to determine whether it has jurisdiction over the matter before it.
2. Jurisdiction: Final Orders:...
Neill v. Hemphill - 3/10/2000
1. Summary Judgment. Summary judgment is proper only when the pleadings, depositions, admissions, stipulations, and affidavits in the record disclose that there is no genuine issue as to any material fact or as to the ultimate...
Collins v. General Casualty - 2/18/2000
1. Workers' Compensation: Appeal and Error: An appellate court may modify, reverse, or set aside a Workers' Compensation Court decision only when (1) the compensation court acted without or in excess of its powers; (2) the judgment,...
Fossett v. Board of Regents of the University of Nebraska - 2/4/2000
Fossett v. Board of Regents, 258 Neb. 703
1. Summary Judgment: Appeal and Error. In reviewing an order of summary judgment, an appellate court views the evidence in a light most favorable to the party against whom the judgment...
Harmon v. Irby Construction Co. - 12/23/1999
1. Workers' Compensation: Appeal and Error.
Pursuant to Neb. Rev. Stat. § 48-185 (Reissue 1998), an appellate court may modify, reverse, or set aside a Workers' Compensation Court decision only when (1) the compensation court...
Austin v. Scharp - 12/23/1999
1. Statutes: Appeal and Error. Statutory interpretation presents a question of law, in connection with which an appellate court has an obligation to reach an independent conclusion irrespective of the decision made by the court below. ...
Jordan v. Morrill - 12/17/1999
Jordan v. Morrill County, S-99-030, 258 Neb. 380
1. Workers' Compensation: Appeal and Error. An appellate court may modify, reverse, or set aside a Workers' Compensation Court decision only when (1) the compensation court acted...
McFadden v. Winters and Merchant - 12/7/1999
McFadden v. Winters & Merchant, Inc., A-98-1025, 8 Neb. App. 870
McFadden v. Winters & Merchant, Inc.
1. Directed Verdict: Evidence. A directed verdict is proper at the close of all the evidence only where...
In re Adoption of Trystyn D. - 9/28/1999
1. Demurrer: Pleadings. In considering a demurrer, a court must assume that the facts pled, as distinguished from legal Conclusions, are true as alleged and must give the pleading the benefit of any reasonable inference from the facts...
Everts v. Hardcopf-Bickley - 6/25/1999
Everts v. Hardcopf-Bickley, S-98-226
Everts v. Hardcopf-Bickley, 257 Neb. 151
Appeal from the District Court for Douglas County: Lawrence J. Corrigan, Judge. Reversed and remanded for a new trial.
NATURE OF CASE ...
Fackler v. Genetzky - 6/18/1999
Fackler v. Genetzky, S-98-457
Fackler v. Genetzky, 257 Neb. 130
Appeal from the District Court for Dakota County: Mark J. Fuhrman, Judge. Reversed and remanded for further proceedings.
NATURE OF CASE
Howard S....
Miller v. York - 6/11/1999
Miller v. M.F.S. York/Stormor, S-97-1138, 257 Neb. 100
Miller v. M.F.S. York/Stormor,
Petition for further review from the Nebraska Court of Appeals, Hannon, Irwin, and Inbody, Judges, on appeal thereto from the Nebraska...
Miller v. Meister & Segrist - 12/18/1998
PUBLISHED
___N.W.2d___
1. Workers; Compensation: Appeal and Error. Pursuant to Neb. Rev. Stat. § 48-185 (Reissue 1993), an appellate court may modify, reverse, or set aside a Workers; Compensation Court decision only when...
Cobb v. Sure Crop Chemical Co. - 12/4/1998
Designated for Permanent Publication
Appeal from the District Court for Scotts Bluff County: ROBERT O. HIPPE, Judge. Affirmed.
This case arises out of a jury trial in which both parties asserted breach of contract actions....
Reiser v. Coburn - 12/4/1998
DESIGNATED FOR PERMANENT PUBLICATION
Appeal from the District Court for Boyd County: WILLIAM CASSEL, Judge. Reversed and remanded for a new trial on the issue of damages.
James L. Reiser died at the age of 18 as a result of...
Community First State Bank v. Olsen - 12/4/1998
Designated for Permanent Publication
1. Summary Judgment. Summary judgment is proper only when the pleadings, depositions, admissions, stipulations, and affidavits in the record disclose that there is no genuine issue as to any...
Stiver v. Allsup Co. - 12/4/1998
DESIGNATED FOR PERMANENT PUBLICATION
Appeal from the District Court for Lincoln County: DONALD E. ROWLANDS II, Judge. Affirmed.
The district court granted the motion for summary judgment of appellees Allsup, Inc., and Karen...
Gibson v. Manfacturing - 8/21/1998
Designated for Permanent Publication
1. Workers' Compensation: Appeal and Error. Regarding questions of law, an appellate court in workers' compensation cases is obligated to make its own determinations.
2. ____: ____....
Jorgensen v. State National Bank & Trust Co. - 8/21/1998
Designated for Permanent Publication
1. Limitations of Actions: Appeal and Error. Which statute of limitations applies is a question of law that an appellate court must decide independently of the Conclusion reached by the trial...
Lounnaphanh v. Monfort Inc. - 8/4/1998
Designated for Permanent Publication
1. Workers' Compensation: Appeal and Error. A judgment, order, or award of the Workers' Compensation Court may be modified, reversed, or set aside only upon the grounds that (1) the...
Hill v. Women's Medical Center of Nebraska - 6/26/1998
Designated for Permanent Publication
1. Statutes: Appeal and Error. Statutory interpretation is a matter of law in connection with which an appellate court has an obligation to reach an independent, correct Conclusion...
State v. Collins - 6/16/1998
Designated for Permanent Publication
___N.W.2d___
Appeal from the District Court for Douglas County: Michael W. Amdor, Judge. Affirmed.
Sievers, Mues, and Inbody, Judges.
I. INTRODUCTION
Leslie E. Collins...
State v. Koperski - 5/15/1998
Designated for Permanent Publication
___N.W.2d___
Petition for further review from the Nebraska Court of Appeals, Hannon, Sievers, and Mues, Judges, on appeal thereto from the District Court for Lancaster County, Bernard J....
Sands v. School District - 5/12/1998
Designated for Permanent Publication
1. Workers' Compensation: Appeal and Error. A judgment, order, or award of the Workers' Compensation Court may be modified, reversed, or set aside only upon the grounds that (1) the...
Wortman v. Unger - 5/1/1998
Designated for Permanent Publication
Appeal from the District Court for Lincoln County: John P. Murphy, Judge. Affirmed.
The parties, Trent Wortman (Wortman), by and through his next friend and mother, Gloria Wortman, and...
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