Justia Nebraska Supreme Court Opinion Summaries

Plaintiff Kimberly Cotton was severely injured in an accident that occurred when a pickup crossed the centerline and struck her vehicle. The pickup had been struck by a Ford Mustang driven by a man who was seeking to evade a state trooper. Cotton sued the state of Nebraska under the State Tort Claims Act, which makes the state liable for injuries to innocent third parties proximately caused by vehicular pursuit by a state-employed law enforcement officer. The district court entered judgment in favor of the state, concluding that (1) there was no vehicular pursuit under the statute, (2) Anson's actions were the sole proximate cause of the injuries to Cotton, and (3) Cotton failed to prove that the state trooper's actions were a proximate cause of the accident. Cotton appealed. The Supreme Court affirmed, holding that the district court did not err when it determined that Anson's actions were the sole proximate cause of Cotton's injuries and that the state was not liable under the State Tort Claims Act. View "Cotton v. State" on Justia Law

These two consolidated appeals arose from actions taken by American National Bank (ANB) to execute on a judgment against Michael Medved, an Arizona resident with business interests in Nebraska. Medved's wife, Laura, unsuccessfully sought to intervene in an action ANB filed against Medved in the district court for Douglas County. The district court denied her motion and issued charging orders against Medved's transferable interest in three Nebraska limited liability companies. Laura also unsuccessfully sought to intervene in an action filed in the district court for Sarpy County. The Sarpy County action resulted in a garnishment of Medved's wages. Medved appealed and Laura cross-appealed, arguing that the Nebraska order violated their rights under Arizona community property law because the earnings and distributions from the limited liability companies were Medved and Laura's community property and were protected by Arizona law. The Supreme Court affirmed, concluding that under either Arizona or Nebraska law, there was no error in the enforcement of the judgment. View "American Nat'l Bank v. Medved" on Justia Law