Nebraska Imputed Fault Law

Jamar Adams v. Erika Fuller

Omaha, Nebraska family law lawyers represented the parties in a paternity and custody dispute.<br> <br> n February 16, 2021, the parties entered into a stipulated order for paternity, custody, and child support. The Douglas County District Court entered an order awarding Jamar and Erika joint legal custody of their son, with Erika receiving sole physical custody. Erika was also granted permission ... More...

$0 (12-17-2024 - NE)
State of Nebraska v. Lukah C., et al.

Omaha, Nebraska family law lawyer represented mother in a termination of parental rights action.<br> <br> <br> Cynthia is the biological mother to five children. She gave birth to Kaivian on December 7, 2021, while she was residing at Family Works, an inpatient substance abuse treatment facility. When Kaivian was born, Cynthia's four other children were already in the custody of the Department of ... More...

$0 (11-19-2024 - NE)
Tony Phillip v. Dominium Management Services, LLC

<h2><br> Omaha, Nebraska personal injury lawyer represented the Plaintiff.<br> </h2><br> <br> This case was filed in the District Court, Douglas County, and was removed to federal court by Dominium Management Services LLC<br> <br> "Dominium is one of the nation's most innovative affordable housing development and management companies. Dominium is focused on real results and long-term value. The co... More...

$1 (10-18-2024 - NE)
Matthewe Sheffield v. Critical Supply Solutions, Inc.

Lincoln, Nebraska personal injury truck wreck lawyer represented the Plaintiff who sued on an auto negligence theory claiming to have suffered more than $75,000 in damages and/or injuries.<br> <br> This case was filed in the District Court of Lancaster County, Nebraska, CI23-0621, and was removed to federal court by Critical Supply Solutions, Inc. et al<br> <br> In Nebraska, the right to compensat... More...

$1 (04-11-2024 - NE)
William J. Moyle v. Roger T. Clark, et al.

Omaha, Nebraska personal injury lawyers represented the Plaintiff who sued on an auto negligence theory.<br> <br> In Nebraska, the right to compensation is based on the "51% rule.” A plaintiff can still recover partial compensation so long as their degree of fault is less than that of the defendant(s) in the case. The plaintiff's compensation will be reduced in proportion to their percentage... More...

$1 (02-03-2024 - NE)
Jason Jorgensen and Jamie Jorgensen v. Superior Nationwide Logistics, Ltd.

Omaha, Nebraska personal injury lawyer represented the Plaintiff who sued the Defendants on auto negligence theories.<br> <br> This case was filed in the District Court of Washington County, Nebraska, CI 23-00159, and was removed to federal court by the Defendant.<br> <br> Plaintiff challenged the jurisdiction of the court and sought remand.<br> <br> Nebraska is a modified comparative fault state ... More...

$0 (10-27-2023 - NE)
IN RE INTEREST OF ROME R., A CHILD UNDER 18 YEARS OF AGE. STATE OF NEBRASKA V. LEROY R.

<center><font color="red"><h2><fontcolor="red> Lincoln, NE Juvenile Law lawyer represented appellant with appealing the order continuing temporary custody of his minor child . </h2></font></b></i></font></center></center><br> <br> Sara G. is the biological mother of Rome R., born on July 22, 2021. Upon Sara's admission <br> to the hospital to give birth to Rome on July 22, she initially tested po... More...

$0 (06-07-2022 - NE)
LINDSEY T. CAIN V. PAUL S. CAIN

<center><h3><font color="red"><h3><font color="red"> Lincoln, NE - Divorce lawyer represented appellant with appealing the decree dissolving his marriage. </h3></font></b></i></center></font><br> <br> Paul and Lindsey were married in December 2005, and they have five children who were <br> born between 2006 and 2014. In 2009, the parties moved to Africa for mission work, and in 2011, <br> they ret... More...

$0 (04-08-2022 - NE)
WHITNEY J. ROTHWELL V. JORDAN K. SCHNEIDER

<center><h3><font color="red"><h3><font color="red"> Lincoln, NE - Custody lawyer represented appellant with appealing an order modifying custody. </h3></font></b></i></center></font><br> <br> Rothwell is the biological father and Schneider is the biological mother of a daughter, born <br> in 2014. In December 2016, a district court in Iowa issued a final order on Rothwell's petition to <br> esta... More...

$0 (04-08-2022 - NE)
LINDSEY T. CAIN V. PAUL S. CAIN

<center><h3><font color="red"><h3><font color="red"> Lincoln, NE - Divorce lawyer represented appellant with appealing the order dissolving his marriage. </h3></font></b></i></center></font><br> <br> Paul and Lindsey were married in December 2005, and they have five children who were <br> born between 2006 and 2014. In 2009, the parties moved to Africa for mission work, and in 2011, <br> they retu... More...

$0 (02-17-2022 - NE)
Bryan M. Cech v. April L. Cech, now known as April L. VanAndel

<center><h3><font color="red"><h3><font color="red"> Lincoln, NE - Divorce lawyer represented appellant with appealing<br> a motion for contempt. </h3></font></b></i></center></font><br> <br> 1. Background<br> April and Bryan were previously married and had one child, <br> Addyson Cech, born in 2010. In November 2011, the district <br> court entered a dissolution decree awarding the parties joint ... More...

$0 (02-17-2022 - NE)
Lisa A. Hodgen v. Mark S. Hodgen

<center><h3><font color="red"><h2><font color="red"> Lincoln, NE - Divorce lawyer represented appellant with <br> appealing from the order modifying a decree which dissolved her marriage to Mark S. Hodge. </h3></font></b></i></center></font><br> <br> The parties' marriage was dissolved by decree on February <br> 27, 2018. The decree reflects that the parties were married in <br> 1977, and at the t... More...

$0 (01-26-2022 - NE)
Hodgen v. Hodgen

<center><h2><font color="red"> Lincoln, NE – Divorce lawyer represented appellant with appealing from the order of the Lincoln County District Court modifying a decree which dissolved her marriage to Mark S. Hodgen. </h2></font></b></i></center><br> <br> <center><br> <h2><br> INTRODUCTION<br> </h2><br> </center><br> <br> Lisa A. Hodgen, now known as Lisa A. Pickett, appeals <br> from the or... More...

$0 (01-19-2022 - NE)
State of Nebraska v. Abram K. Sollman

<center><h2><font color="red"> - Criminal defense attorney represented Abram K. Sollman with <i> appealing his conviction of motor vehicle homicide, driving under the influence of alcohol (DUI), and reckless driving..</h2></font></b></i></center><br> <br> At about 6 p.m. on February 1, 2019, Sean Nowling was<br> traveling westbound on Interstate 80 when "[a]ll of a sudden [he heard] honking of a ... More...

$0 (01-23-2021 - NE)
MICHAEL T. AND CATHY D. CHRISTENSEN V. BROKEN BOW PUBLIC SCHOOLS

Broken Bow, NE - Personal Injury/Wrongful Death Attorney, Seriously injured in an automobile accident<br> <br> 2012. The following facts are not disputed. On the day of the accident, Albert F. Sherbeck<br> (Albert) was driving his pickup truck home and was headed eastbound on Highway 2 when he<br> drove left of center and collided head-on with a 10-passenger van owned by BBPS, which was<br> trave... More...

$0 (09-29-2020 - NE)
STATE OF NEBRASKA V. NOAH V. MOLCZYK

<center><br> <table><br> <td><br> <img width="400" src=" https://dcs-inmatesearch.ne.gov/Corrections/photo?DcsId=84812"> <br> </td><br> </table><br> <h2> <font color="red"> </font> </h2><br> </center><br> <br> <br> <br> <br> Molczyk was 17 years old on or about January 22, 2016, when he shot an individual he<br> accused of being a “snitch.” In April, the State charged Molczyk with one cou... More...

$0 (06-28-2020 - NE)
STATE OF NEBRASKA V. RICHARD A. FREDRICKSON

<center><br> <table><br> <td><br> <img width="400" src=" https://dcs-inmatesearch.ne.gov/Corrections/photo?DcsId=70300"> <br> </td><br> </table><br> <h2> <font color="red"> </font> </h2><br> </center><br> <br> <br> <br> On August 3, 2018, the State filed an information charging Fredrickson with three counts:<br> count I, use of a deadly weapon (firearm) to commit a felony, a Class IC felony, ... More...

$0 (06-28-2020 - NE)
United States of America v. Orlando James Lasley

<center><br> <img width="300" src="https://www.gsa.gov/cdnstatic/ephox_images/DenneyFB_1426624419723.jpg"><br> </center><br> Orlando James Lasley appeals from his assault convictions, arguing that the<br> district court erred by admitting certain evidence and by constructively amending the<br> indictment through a supplemental jury instruction. We agree the jury instruction<br> constructively amen... More...

$0 (02-28-2019 - NE)
Thompson L. Awnings v. Joshua Fullerton; Ryan Duncan; Jeremy Cather; Todd Roberts; and Travis Banks

<center><br> <img width="300" src="https://www.gsa.gov/cdnstatic/ephox_images/DenneyFB_1426624419723.jpg"><br> </center><br> <br> Thompson Awnings sued, among others, Officers Joshua Fullerton, Ryan<br> Duncan, and Tarvis Banks of the Lincoln Police Department (LPD) under 42 U.S.C.<br> § 1983 in their individual capacities. Awnings’s suit alleged multiple constitutional<br> violations by the of... More...

$0 (01-04-2019 - NE)
STATE OF NEBRASKA V. RICCARDO CAPPUCCI

<center><br> <img width="300" src="https://lh3.googleusercontent.com/lmBLKWIMbc7c3b6rGjVBk9DHd1zdSvKozjEenXkiOo4bwiUbt6wAog5oSXJq4fGrAQq75nk=s151"><br> <h2> <font color="red"><h2> </font> </h2><br> </center><br> After finding 470 pounds of marijuana in Cappucci’s vehicle once he was pulled over on the interstate, Cappucci was charged with two counts of possession with intent to distribute an... More...

$0 (12-13-2018 - NE)
State of Nebraska v. Antonio Leon-Simaj, also known as Antonio Leon-Batz <table> <td>

Antonio Leon-Simaj, also known as Antonio Leon-Batz, was charged with one count of first degree sexual assault and two counts of possession of child pornography stemming from his relationship with E.Z. E.Z. was 14 years old at the time of trial and 13 years old at the time of the events in question.<br> <br> .Z.’s Testimony<br> There are no pretrial motions in the record. Trial began with the te... More...

$0 (06-28-2018 - NE)
State of Nebraska V. Felipe German Mora <table> <td>

The State charged Mora with four counts of first degree sexual assault of a child and one count of third degree sexual assault of a child. The victim in each count was B.C. Counts I through III alleged that between December 30, 2010, and September 18, 2015, Mora subjected B.C. to sexual penetration in Lincoln, Nebraska. Each count differed only as to the address of the crime: E Street, Theresa Str... More...

$0 (11-14-2017 - NE)
<b>STATE OF NEBRASKA V. ARMANDO GARIBO</b>

The victim of the sexual assault involving Garibo was Y.M. Garibo and Y.M.’s mother are in a romantic relationship and have other children together. Garibo is not biologically related to Y.M. but has raised Y.M. since the age of two. Y.M. considers Garibo to be her dad. In October 2015, Y.M. told her mother that Garibo had sexually assaulted her. Y.M. was 13 years old at the time. Y.M.’s moth... More...

$0 (11-24-2016 - NE)
<b>State of Nebraska v. Larry G. Martinez</b>

Martinez was romantically involved with the victim, Mandy Kershman. The record shows that this relationship was tumultuous, with the couple fighting often. About a week prior to the murder, Martinez told one of his roommates that he was “going to kill that fucking bitch,” referring to Kershman. On July 18, 2012, at approximately 4:50 p.m., Kershman was shot and killed while sitting on the couc... More...

$0 (10-23-2016 - NE)
<b><h3>State of Nebraska v. Tracy N. Parnell</b></h3>

On October 30, 2012, at around 8:14 p.m., Eriana Carr and Nakia Johnson were shot outside of Carr’s residence in Omaha, Nebraska. Carr was shot twice and died from her injuries. Johnson was shot 11 times and survived. Johnson told investigators that the shots came from “a blue Nissan Altima with a messed up front bumper.” She did not see the shooter.<br> 2. Threat<br> During a pretrial heari... More...

$0 (09-01-2016 - NE)
STATE OF NEBRASKA V. TIMOTHY J. BRITT

Britt’s convictions arose out of the deaths of Miguel E. Avalos, Sr. (Miguel Sr.); Jose Avalos; and Miguel E. Avalos, Jr. (Miguel Jr.) Davis was convicted in a separate trial of three counts of first degree murder and three counts of use of a deadly weapon to commit a felony arising from the deaths of the same victims.1 At the time of Britt’s trial, Davis was awaiting sentencing. <br> <br> 1. ... More...

$0 (04-22-2016 - NE)
State Of Nebraska v. Davis

In September 2007, a jury convicted Davis of first degree sexual assault, a Class II felony, and sexual assault of a child, a Class IV felony at the time. State v. Davis, In March 2008, he was sentenced to <br> imprisonment on the former conviction and 4 to 5 years’ imprisonment on the latter conviction. Id. Davis was represented by one attorney during trial and another attorney for sentencing ... More...

$0 (01-26-2016 - NE)
Gonzalez v. Union Pacific RR. Co.

At the railroad crossing in Schuyler, there are two sets of tracks, one for eastbound trains and one for westbound <br> trains. On the date of the accident, an eastbound train was on the south track and a westbound train was on the north track. They passed each other just east of the railroad crossing. At approximately 1 p.m., Efrain proceeded to cross from the south set of railroad tracks after t... More...

$0 (01-24-2016 - NE)
State Of Nebraska v. Irish

At approximately 12:55 a.m. on February 9, 2014, Bryant L. Irish and his passenger were involved in a one-vehicle rollover accident. Irish’s passenger suffered head injuries after being ejected from the vehicle, a pickup truck. The State charged Irish with driving under the influence of alcoholic liquor causing serious bodily injury in violation of § 60-6,198(1). At the start of a bench trial, ... More...

$0 (01-24-2016 - NE)
State Of Nebraska v. Irish

At approximately 12:55 a.m. on February 9, 2014, Bryant L. Irish and his passenger were involved in a one-vehicle rollover accident. Irish’s passenger suffered head injuries after being ejected from the vehicle, a pickup truck. The State charged Irish with driving under the influence of alcoholic liquor causing serious bodily injury in violation of § 60-6,198(1). At the start of a bench trial, ... More...

$0 (01-15-2016 - NE)
Gonzalez v. Union Pacific RR. Co

At the railroad crossing in Schuyler, there are two sets of tracks, one for eastbound trains and one for westbound <br> trains. On the date of the accident, an eastbound train was on the south track and a westbound train was on the north track. They passed each other just east of the railroad crossing. At approximately 1 p.m., Efrain proceeded to cross from the south set of railroad tracks after t... More...

$0 (12-22-2015 - NE)
Gonzalez v. Union Pacific RR. Co.

At the railroad crossing in Schuyler, there are two sets of tracks, one for eastbound trains and one for westbound <br> trains. On the date of the accident, an eastbound train was on the south track and a westbound train was on the north track. They passed each other just east of the railroad crossing. At approximately 1 p.m., Efrain proceeded to cross from the south set of railroad tracks after ... More...

$0 (12-18-2015 - NE)
State Of Nebraska v. Carman

Lyle J. Carman appeals his conviction for “unlawful act manslaughter” under Neb. Rev. Stat. § 28-305 (Reissue 2008). Carman’s dump truck struck the rear of a car that had stopped or slowed due to highway construction. The collision forced the car off the highway, causing it to roll, and the driver was killed as a result. The unlawful acts for which Carman was convicted were following too cl... More...

$0 (12-04-2015 - NE)
Hynes v. Good Samaritan Hosp.

This is the second time the case has been before this court. In Hynes v. Good Samaritan Hosp., 285 Neb. 985, 830 N.W.2d 499 (2013), we vacated the award because the testimony of the employer’s witnesses had been lost due to no fault of either party and, therefore, the record was insufficient to undertake a meaningful appellate review of the case. We remanded the cause for a new trial. On remand,... More...

$0 (09-04-2015 - NE)
Elizabeth Grant Johnson v. Kari Johnson

Kari Johnson filed a petition for further review of the Nebraska Court of Appeals' decision which affirmed in part<br> Nebraska Advance Sheets<br> 840 290 NEBRASKA REPORTS<br> and reversed in part the order of the district court for Douglas County which modified his child support obligation. We conclude that (1) the Court of Appeals correctly determined that the district court erred when it impute... More...

$0 (05-15-2015 - NE)
Jan J. Golnick v. Jack W. Callender

Jan J. Golnick appeals from the district court's judgment in his negligence action against Jack W. Callender. Callender amended his answer to admit that he was negligent in causing the vehicle accident that injured Golnick. Thereafter, the court sustained Callender's motion to preclude evidence of his negligence at trial. The court also denied Golnick's request to amend his complaint to allege spe... More...

$0 (03-20-2015 - NE)
Wade B. Anderson v. Olive N. Anderson

Olive N. Anderson, a Filipino national, moved to Nebraska and married Wade B. Anderson after meeting him through an online dating service. Their marriage soured, and the court entered a dissolution decree giving Wade custody of their only child. Wade argues that the court ordered Olive to pay child support that is too low and ordered him to pay alimony that is too high. Wade further contends that ... More...

$0 (04-03-2015 - NE)
United States v. Carlos Martins

Carlos Martins appeals the district court's order denying his post-trial motion to suppress evidence obtained as the result of a traffic stop. For the reasons set forth below, we hold that the traffic stop was unconstitutional and that the district court erred by not suppressing the evidence. Accordingly, we reverse.<br><br>I. Background<br><br>On August 2, 2010, canine officer Deputy David Wintle... More...

$0 (04-16-2014 - NE)
Sherry Luckert v. Dodge County

Troy Sampson committed suicide while detained at the Dodge County Jail (DCJ) in Fremont, Nebraska. Sampson's mother, Sherry Luckert, acting as the personal representative of Sampson's estate, sued Dodge County and jail officials under 42 U.S.C. § 1983, claiming they were deliberately indifferent to Sampson's medical needs, violating his due process rights. A jury found Dodge County and DCJ's di... More...

$0 (06-23-2012 - NE)
Kathryn Schultz v. Windstream Communications

Appellants Kathryn D. Shultz, Maryls E. Rezaian, Katherine A. Cummins, and Connie L. Nelson sued their former employer, Windstream Communications, Inc., alleging that an amendment to its pension Plan violated the Employee Retirement Income Security Act of 1974 (ERISA), and federal and state age discrimination laws.<br> <br> The district court1 granted summary judgment for Windstream. The former em... More...

$0 (04-05-2010 - NE)