Justia Nebraska Supreme Court Opinion Summaries

After the Department of Health and Human Services took custody of Child, Mother filed a motion to require the Department to accept her voluntary relinquishment of Child. The juvenile court subsequently entered an order terminating Mother's parental rights to Child. On the same date, the court entered an order overruling Mother's motion to require the Department to accept her relinquishment. Because the court had terminated Mother's parental rights, it found the relinquishment motion was moot. The Supreme Court affirmed, holding (1) while the juvenile court should have ordered the Department to accept relinquishment of Mother's parental rights, the relinquishment was moot; and (2) the juvenile court did not err in terminating Mother's parental rights. View "In re Elizabeth S." on Justia Law

Jan Ginapp, a registered nurse, was injured on the job in a violent assault committed by a patient who had been admitted to the hospital after he was taken into emergency protective custody by the City of Bellevue police department. Ginapp sued Bellevue, alleging that her injuries resulted from the police department's negligence. The district court entered judgment for Ginapp against Bellevue. The Supreme Court reversed, holding (1) the district court erred in concluding that the patient was in Bellevue's custody at the time of the assault and that Bellevue law enforcement acted unreasonably in transporting the patient to the hospital and permitting him to be admitted; and (2) therefore, the court erred in finding that Bellevue was liable for Ginapp's injuries. View "Ginapp v. City of Bellevue" on Justia Law

Mack Downey and his wife sued Western Community College area, which operates Western Nebraska Community College, after Downey suffered injuries from a fall that occurred while he was replacing a scoreboard at the College. Downey's employer, Ferguson Signs, was named as a plaintiff to preserve a subrogation interest for workers' compensation benefits. The trial court found that the College was liable for a portion of Downey's injuries and apportioned liability to Downey and Ferguson Signs. The Supreme Court affirmed in part and in part reversed and remanded, holding (1) the court did not err in finding the College liable; (2) the court correctly denied the College's claim for indemnity; but (3) the court erred in apportioning negligence to Ferguson Signs where Ferguson Signs was not a "released person" within the meaning of Neb. Rev. Stat. 25-21,185.11. Remanded for the court to reapportion Ferguson Signs' share of the negligence to Downey and the College. View "Downey v. Western Cmty. College Area" on Justia Law