Allen R. Keck sued Ryan P. Stark and his father, Kevin Stark, on negligence theories claiming that as a direct result of Ryan Stark failing to yield the right-of-way at the intersection of Highway 30 and Lincoln in North Platte, Nebraska on November 4, 2004, Ryan's F-150 Ford pickup he car in which Keck was a passenger resulting back and neck in... More...   $35,000 (1/13/2008 - NE ) 35000

Otoe County enacted a zoning regulation that prohibits, among other things, the construction of single-family dwellings within a one-half-mile radius of certain animal feeding and waste handling facilities, unless the owner of the single-family dwelling grants an impact easement to the owner of the facility and the owner of the facility a... More...   $0 (1/11/2008 - NE ) 0

Aaron Sila brought this action under Neb. Rev. S tat. § 34-301 (Reissue 2004), to establish the east boundary line of his property adjoining the property of the defendant, Kirk Saunders. Sila sought to establish the boundary line in accordance with the original government survey. K irk asserted that under theories of mutual acquiescence a... More...   $0 (1/11/2008 - NE ) 0

Santos A. Villanueva brought a negligence action against the City of South Sioux City (the City) following an automobile accident with an employee of the City. T he district court for Dakota County sustained the City’s motion for summary judgment and overruled Villanueva’s motion for partial summary judgment. Villanueva appeals. A t issue... More...   $0 (1/8/2008 - NE ) 0

Judgment was entered against John P. Steichen and in favor of Maurice Fokken and Deanna Wright Miller (collectively the appellees) in separate legal malpractice actions brought against Steichen. The appellees then instituted separate garnishment proceedings against Coregis Insurance Company, Inc. (Coregis). Coregis had issued Steichen’s l... More...   $0 (1/8/2008 - NE ) 0

Jerry A lsobrook alleges that Jim E arp Chrysler-Plymouth, Ltd. (Earp), negligently repaired his vehicle, which caused Alsobrook to lose control of his car and collide with construction barrels. A lsobrook’s insurer paid the damages and now, through A lsobrook, brings a subrogation claim against E arp. While this action was pending, E arp’s... More...   $0 (11/8/2007 - NE ) 0

Stephan, J. American Fidelity Life A ssurance Company (American Fidelity) discontinued benefits it had been paying to Diane C. Sweem under a group disability income policy, based upon its determination that S weem was employable in some capacity and therefore no longer totally disabled under the terms of the policy. Sweem, contending that... More...   $0 (10/8/2007 - NE ) 0

Dennis Oelschlager, the Executive Secretary for the Nebraska State Racing Commission ("the Commission"), and its three appointed Commissioners, Chairman Dennis P. Lee, Janell Beveridge, and Bob Volk ("the Commissioners") seek an interlocutory appeal. Oelschlager and the Commissioners request reversal of the district court's1 denial of their ... More...   $0 (9/28/2007 - NE ) 0

Appellees, Troy Neiman and Carol Lewis, shareholders in appellant T ri R Angus, Inc. (Tri R ), instituted this action in the district court for Thomas County against T ri R and director appellants Jon L. Neiman and Frances E . N eiman (the director appellants), seeking to have the director appellants judicially removed as directors of T ri ... More...   $0 (9/7/2007 - NE ) 0

The appellants, Shari Erickson and her husband, George Erickson, sued U-Haul International, Inc., and U-Haul Center of N .W. Omaha (U-Haul Center). T he district court granted U-Haul Center’s motion for summary judgment, finding that it owed no duty to the E ricksons. T he court also sustained U-Haul International’s special appearance becau... More...   $0 (9/7/2007 - NE ) 0

Red Development of West Dodge, LLC and 168th and Dodge, L.P (collectively "RED") filed suit against Rave Reviews Cinemas, LLC ("Rave") for breach of express contract, breach of implied contract, and promissory estoppel. Rave filed a motion to dismiss RED's complaint. The district court1 granted Rave's motion to dismiss with respect to the exp... More...   $0 (8/31/2007 - NE ) 0

A jury found combine manufacturer CNH America, LLC (“CNH”), liable under theories of breach of express warranty and strict liability after a fire in a combine’s engine compartment caused extensive damage to the combine and to corn that was onboard the combine. CNH moved before trial to exclude the plaintiffs’ fire causation expert and mechan... More...   $141,850 (8/29/2007 - NE ) 141850

Misty Atkinson and her minor daughter, Angel Dixon (collectively, the Plaintiffs), sued the City of Crete, Nebraska; Crete Medical Clinic; Crete Municipal Hospital; Crete Area Medical Center; and Dr. Russell Ebke (collectively, the Defendants) under Nebraska law,1 alleging that the Defendants were negligent in providing the prenatal, labor an... More...   $0 (8/19/2007 - NE ) 0

John Doe, age 25, sued the Elwood Public School District, David Blessing and the Allied Insurance Co. on a negligence theory claiming that the school system negligently failed to protect him from sexual abuse by a teacher after other students made numerous complaints to the school about the teacher's behavior. Plaintiff claimed that he was sex... More...   $1,200,000 (8/10/2007 - NE ) 1200000

Plaintiff David Eggleton sued defendants Plasser & Theurer Export Von Bahnbaumaschinen Gesellschaft, MBH and Franz Plasser Bahnbaumaschinen Industriegesellschaft, MBH (“Plasser,” collectively) in Virginia state court for personal injuries arising from his operation of a Plasser-manufactured railroad maintenance machine. Plasser removed the c... More...   $0 (7/26/2007 - NE ) 0

Comcast of Illinois initiated this action against Multivision Electronics1 and its sole officer and shareholder, Ronald J. Abboud, alleging that they had violated the Cable Communications Policy Act and injured Comcast by illegally distributing cable descramblers. The district court2 granted Comcast’s motion for summary judgment. After a hear... More...   $2,188,115 (7/6/2007 - NE ) 2188115

Terry Sigler sued the Union Pacific Railroad on a negligence theory under the Federal Employers Liability Act (FELA) claiming that he was injured when he slipped on a patch of ice outside an Iowa motel. Sigler, age 56, and a 40 year employee was staying at a Super 8 Motel in Missouri Valley Iowa on a layover for eight to 15 hours before a return... More...   $942,000 (7/6/2007 - NE ) 942000

Ruth E . Richter sustained personal injuries when she stepped into a hole located on a public right‑of‑way in front of her home. Richter claims the City of O maha (the City) was negligent in failing to warn the public of a dangerous condition, failing to provide safe passage of a right‑of‑way, and failing to exercise ... More...   $0 (3/23/2007 - NE ) 0

This case presents an action originally brought by Paul D. Stewart and Beverly A. Stewart to establish a holdover tenancy under the terms and conditions of an expired lease agreement with the landowner, Darlene A. Bennett, trustee of the Darlene A . Bennett Revocable Trust. Bennett denied the existence of a holdover tenancy and asserted t... More...   $0 (3/2/2007 - NE ) 0

John Doe, as father and next friend of Jane Doe, brought this action against the O maha Public School District (OPS) under the Political Subdivisions Tort Claims Act (PSTCA), Neb. Rev. Stat. §§ 13-901 to 13-926 (Reissue 1997 & Cum. Supp. 2002). O PS moved to dismiss, claiming immunity under § 13-910. The district court granted the motion ... More...   $0 (3/2/2007 - NE ) 0

The City of Lincoln (the City) loaned money to PMI Franchising, Inc. (PMI), pursuant to a project financing agreement. James E. Hershberger and Sandra M. Hershberger were guarantors on the loan. PMI failed to repay any of the installment payments, and the City, in a letter dated February 28, 1995, exercised its right to accelerate the debt und... More...   $0 (1/23/2007 - NE ) 0

Dixon Granstra and ten others sued The First National Bank of Holdrege, Nebraska on a fraud theory claiming that bank officers took actions to hide the Damrow Cattle Co.’s financial problems, such as cashing checks when the feedlot’s bank accounts were empty. The actions occurred between 1999 and 2004.

Defendant denied wrongdoing.... More...   $1,712,000 (12/18/2006 - NE ) 1712000

John Sturzenegger sued Boys Town on a negligence theory and Glenn Moore on an assault and battery theory claiming that he was sexually abused by Moore in 1997 when he was a 14-year-old resident at the facility. Sturzenegger alleged that Moore was a house supervisor and he was fondled by Moore and offered money to run around nake... More...   $0 (10/3/2006 - NE ) 0

Nancy Castillo was injured as a result of a three-car accident. The defendant Megan K. Young's vehicle skidded out of control and hit Castillo's vehicle head on in Castillo's lane of traffic, and the defendant Marlys L. Sears' vehicle then struck Castillo's vehicle from the rear. Castillo sued both drivers for negligence. A jury awarded Castillo... More...   $0 (9/12/2006 - NE ) 0

Considering retirement, Qwest Communications employee Duane Christensen requested and received several estimates of his expected pension benefit from the Qwest Pension Plan (“the Plan”). Christensen retired, and the Plan conducted a final audit which determined that his benefit under the annuity option he selected would be $1484 per month, r... More...   $0 (9/12/2006 - NE ) 0

John Kohlbek and Michael Pritchard appeal from the district court’s grant of summary judgment on their reverse discrimination claim seeking declaratory and injunctive relief and damages against the City of Omaha (Omaha).1 We reverse and remand.

I.

In 1971, fourteen years after Omaha declared that the fire department would be racially ... More...   $0 (5/2/2006 - NE ) 0

On June 26, 1999, David Gilbertson, a professional truck driver working for MST of Rochester, Minnesota, who had nine years of trucking experience, was hauling a load of paper from Minnesota to California in his tractor-trailer unit. Around 1:15 a.m. June 27, he became tired and decided to pull off Interstate 80 to sleep at the Phillips rest... More...   $6,600,000 (4/11/2006 - NE ) 6600000

A jury in Omaha in a trial presided over by Federal District Court Judge Lyle Strom returned a verdict for $6.6 million in favor of a Lisle man, Carroll Heatherly, 49, in a case resulting from a multi-vehicle crash on Interstate 80, near Grand Island, Nebraska. The trial in which the $6.6 million verdict was returned Thursday evening was the sec... More...   $6,600,000 (4/6/2006 - NE ) 6600000

service in a medically underserved area. He appeals the district court's1 determination this breach makes him liable for treble damages. We affirm.

I

On February 4, 1999, Quentin Tanko signed four one-year contracts to participate in the NHSC Scholarship Program, 42 U.S.C. §§ 254l-q. In exchange for the government's payment of tui... More...   $0 (11/4/2005 - NE ) 0

Richard T. Bellino and La Vista Keno sued McGrath North Mullin & Kratz and lawyers James D. Wegner, William F. Hargens and McGrath North on legal malpractice theory for allegedly negligently failing to competently advise the plaintiff on how to part ways with a business partner.

The defenses asserted by the defendants are unavailable.... More...   $1,600,000 (10/26/2005 - NE ) 1600000

This is an appeal of a shareholder liability suit against Acceptance Insurance Companies and some of its officers. The shareholder group appeals the district court’s1 orders granting a motion to dismiss and a motion for summary judgment as to all of their claims. The Appellants raise three major issues in this appeal. First, they argue tha... More...   $0 (8/30/2005 - NE ) 0

The Equal Employment Opportunity Commission brought suit against Hertz Corporation on behalf of an African-American employee at the company's rental car facilities in Omaha claiming that a manager referred to the employee with racial slurs and insults in front of other employees and operated in a racially hostile environment on more than one occ... More...   $8,500 (8/3/2005 - NE ) 8500

Nancy Wever sued Lincoln County and others for the death of ther son Dennis who was found unconscious in his cell and died three days later. The specific claims made and defenses asserted by in this civil rights claim, 42 U.S.c. 1983, are not available.... More...   $1 (8/2/2005 - NE ) 1

The Nebraska Department of Health and Human Services and the Nebraska Department of Health and Human Services Finance and Support (collectively, Nebraska) appeal from the district court’s denial of their motion to dismiss based on Eleventh Amendment sovereign immunity. We reverse.

I.

Bill M. and six other developmentally disabled ad... More...   $0 (5/28/2005 - NE ) 0

Pamela Gilmore brought an action against the County of Douglas under 42 U.S.C. § 1983 alleging that the Douglas County Corrections Center (the DCCC) violated her Fourteenth Amendment equal protection rights by assessing her charges for collect telephone calls made to her from inmates in the facility. The district court1concluded that Gilmo... More...   $0 (5/3/2005 - NE ) 0

James G. Fitl purchased a baseball card from Mark Strek, doing business as Star Cards of San Francisco. When Fitl discovered that the baseball card had been altered and was of no value, he sued Strek for what he argued was the current fair market value of an unaltered version of the same card. Following a bench trial, judgment was entered ... More...   $17,750 (1/7/2005 - NE ) 17750

The appellant, 24th & Dodge Limited Partnership (24th & Dodge), brought an action for wrongful declaration of default and wrongful foreclosure by the appellees, Acceptance Insurance Company, a Nebraska corporation (Nebraska Acceptance); Acceptance Insurance Companies, a Delaware corporation doing business in Nebraska (Delaware Acceptance... More...   $0 (1/7/2005 - NE ) 0

Everest Capital Limited is a Bermuda-based investment advisor that began managing off-shore “hedge funds” in 1990, using the trademark “Everest Capital” in the names of its funds, in letters to investors, and in marketing materials. Some years later, entrepreneur Vinod Gupta formed Everest Investment Management to manage his personal wealt... More...   $0 (1/4/2005 - NE ) 0

Jeff Swoboda sought workers’ compensation benefits for injuries allegedly arising out of and in the course of his employment with Volkman Plumbing. Swoboda sought benefits for injuries to his head and neck resulting from an accident on April 21, 2000, and for injuries to both shoulders allegedly resulting from repetitive trauma. The trial judge ... More...   $0 (12/23/2004 - NE ) 0

Tim Campbell, also known as Timothy C. Campbell, appeals the judgment entered by the Madison County District Court awarding Michael Nolan, the city administrator of Norfolk, Nebraska, $78,000 on his petition for libel and false light invasion of privacy and enjoining Campbell from specific uses of certain publications and terminology. While we u... More...   $78,000 (12/21/2004 - NE ) 78000

The U.S. Court of Appeals for the Eighth Circuit has certified the following question to this court: “Is the ten-year statute of repose for products liability actions in Neb. Rev. Stat. § 25-224(2) (1995), tolled by a person’s status as a minor, pursuant to Neb. Rev. Stat. § 25-213?” We accepted the certification request.

FACTS

... More...   $0 (12/17/2004 - NE ) 0

Complete Concrete, Inc., and Federated Mutual Insurance Co. (collectively Complete Concrete) appeal the decision of the review panel of the Nebraska Workers’ Compensation Court which affirmed the trial court’s compensation award to Jerry P. Ladd and ordered Complete Concrete to pay an attorney fee with interest. The court-appointed vocational re... More...   $1 (12/14/2004 - NE ) 1

Barbara and Arthur Poppe sued Robin Siefker for the wrongful of death of their daughter Heather Poppe, 19, who was killed when her car was hit headon by a pickup being driven by Siefker the wrong way down I-80. The 19-year-old college student died instantly. ... More...   $46,925 (11/18/2004 - NE ) 46925

This case involves the guardianship of V.B. and S.B., whose parents died in separate drug-related incidents. In his will, Jeffrey B. (Jeff), the father, appointed George H. Shaner and Catherine Shaner as testamentary guardians, and after Jeff’s death, the Shaners accepted that appointment. James Riggins and Teresa Riggins, the children’s su... More...   $0 (11/3/2004 - NE ) 0

Bunkerhill Farms, Inc. (Bunkerhill), appeals from an order of the district court for Phelps County sustaining the motion for summary judgment filed by Dennis Moon and Annette Moon, Lynn Flaherty and Linda Flaherty, Ron Sterr and Mary Sterr, and Mike Soneson and Shelley Brenn (the parents) and dismissing Bunkerhill’s action against them. O... More...   $0 (10/27/2004 - NE ) 0

Blue Cross and Blue Shield of Nebraska, Inc. (Blue Cross), sued Lemoyne E. Dailey, who was insured by Blue Cross, and the Union Pacific Railroad Company (Union Pacific). Blue Cross sought reimbursement of medical payments it had made on behalf of Dailey due to the alleged negligence of Union Pacific. The Douglas County District Court sust... More...   $0 (10/27/2004 - NE ) 0

Blue Cross and Blue Shield of Nebraska, Inc. (Blue Cross), sued Lemoyne E. Dailey, who was insured by Blue Cross, and the Union Pacific Railroad Company (Union Pacific). Blue Cross sought reimbursement of medical payments it had made on behalf of Dailey due to the alleged negligence of Union Pacific. The Douglas County District Court susta... More...   $0 (10/22/2004 - NE ) 0

The Washington County District Court sustained a motion for summary judgment filed by the defendants, D.M. Laflan (Douglas) and Cathy Laflan. The plaintiff, Woodhouse Ford, Inc. (Woodhouse), appeals from an order of the district court which denied its motion for new trial.

SCOPE OF REVIEW

[1] When reviewing questions of law, an ... More...   $0 (10/15/2004 - NE ) 0

In 2002, the City of Gordon abandoned proceedings it had instituted in the county court for Sheridan County to acquire by condemnation certain real property owned by Marshall D. Ruse and Hazel B. Ruse. The Ruses sought recovery of certain fees and costs pursuant to Neb. Rev. Stat. § 76-726(1) (Reissue 2003). The county court awarded the ... More...   $0 (10/8/2004 - NE ) 0

Amy C. Robb filed a petition in the district court for Douglas County seeking dissolution of her marriage to Timothy L. Robb and sole custody of the couple’s two minor children. Timothy filed an answer and cross-petition in which he sought joint custody. A temporary order provided that during the pendency of the dissolution proceedings, the p... More...   $0 (10/8/2004 - NE ) 0

Patricia and Allen were married in Hawaii on February 14, 199... More...   $0 (9/14/2004 - NE ) 0