Legal Examiner staff writers come from diverse journalism and communications backgrounds. They contribute news and insights to inform readers on legal issues, public safety, consumer protection, and other national topics.
The Nebraska Supreme Court ruled the guest statute constitutional in the case of Le v Lautrub. Section 25-21,237, as amended in 1981, controls this case. Section 25-21,237 provides: The owner or operator of a motor vehicle shall not be liable for any damages to any passenger or person related to suc
According to the National Safety Council approximately 8,800 people are treated in emergency rooms for fireworks-related injuries every year. Enjoy your fourth of July celebration and be aware that fireworks can be dangerous, so handle with care.
A jury on Tuesday found makers of welding rods were not liable for the health problems of a former civilian worker.Ernesto G. Solis, 57, claims years of exposure to welding fumes at his job damaged his health because of exposure to manganese within welding rods. There are thousands more individuals
On May 15, 2006, the U.S. Supreme Court accepted review in the case of NORFOLK SOUTHERN RAILWAY CO. V. SORRELL :170 S.W.3d 35 CA-MO, E. Dist; limiting the review to whether the court below erred in determining that the causation standard for employee contributory negligence under the Federal Employe
The Nebraska Supreme Court held in a worker’s compensation case that distribution of proceeds recoverd from a third party is not subject to the equitable “made whole” doctrine of equitable subrogation. Now, § 48-118 includes language providing for a fair and equitable distribution. It does not, how
For those who wonder where I have been, its simple, I was on vacation. It’s good to be back to work but difficult to catch up. I hope to get back on the blog track asap.
In a FELA case, the Colorado Court of Appeals on Thursday upheld a jury’s decision to award a Union Pacific conductor, out of North Platte Nebraska, $6 million for injuries he suffered in a fall down the stairs of a locomotive. The claimant suffered a traumatic brain injury as a result of the fall i
The Supreme Court of Oklahoma allows a claimant to bring a bad faith claim against her employer’s Worker’s Compensation insurance carrier for failure to pay permanent partial disability benefits. The case is SIZEMORE v. CONTINENTAL CASUALTY COMPANY. The court found that a common law tort of bad fait
As we enter the hot summer months, more and more people are buying motorcycles. The first thing on your agenda should be registration in the Motorcycle Safety Class. Motorcycle 101 is a course for the rider who has never been on a motorcycle; while the Basic Rider Course is for new to semi-experienc
The Nebraska Supreme Court ruled today that a trial court did abuse its discretion in striking the testimony of a physician regarding the causal relationship between a diagnosis of fibromyalgia and it traumatic onset. The case is Epp v. Lauby, 271 Neb. 640. This case reiterates Nebraska’s interpreta
The summer months are upon us and it is time to get out and ride your bicycle with the kids. Pass along the following safety tips to anyone riding a bicycle:Bike Safety Teach children the following bicycle and motorbike safety rules: • Wear a bicycle or motorcycle helmet on every ride. Check to se
Railroad releases for FELA cases will release other injuries and conditions other than the subject of the claim at hand. Many times, there is a virtual laundry list of medical ailments that the railroad wants a claimant to release. The case of Abdul L. Aswad v. Norfolk Southern Railway Co., et al.,
