Legal News | Omaha Injury Law News

You Take Them as You Find Them

The case of Castillo v Young handed down today by the Nebraska Supreme Court answers the question regarding the propriety of instructing a jury regarding a prexisting condition. The court decided that it is proper for a trial court to instruct a jury that you take the plaintiff as you find them. The

By Legal Examiner Staffer

/ 18 Aug 2006

Jeep Liberty Recall

DaimlerChrysler’s Chrysler is recalling about 832,500 Jeep Liberty sport utility vehicles to fix a steering part. The front suspension lower ball joints on 2002 to 2006 Liberty SUVs will be replaced, the automaker said in a statement. The part can experience excessive wear and in extreme cases may s

By Legal Examiner Staffer

/ 11 Aug 2006

Rear End Collisions

The Insurance Institute for Highway Safety recently evaluated four cars and two small SUVs, finding that front and side protection is improving but protection for rearend crashes lags. Now it’s the norm for vehicles to earn good ratings in the frontal test, and performance in the side test is rapidl

By Legal Examiner Staffer

/ 10 Aug 2006

Ford Recalls Vehicles

The Ford Motor Company is recalling vehicles with cruise control systems that are prone to catching fire. The total number of vehicles recalled is 6.7 million, making it one of the largest auto recalls in American history. Vehicles included in the expanded recall are 1994 to 2002 models of the Ford

By Legal Examiner Staffer

/ 4 Aug 2006

National Health Insurance – We Already Have it!

An article in medscape points out that we already have national health insurance: Could national health insurance fly in the United States? The truth is that we already have it. We call it Medicare, and it is not so different from publicly financed, privately delivered healthcare available elsewhere

By Legal Examiner Staffer

/ 2 Aug 2006

What Organizations Pay to Lobby

Out of pure curiosity, I was wondering what some of the organizations I belong to paid lobbyist. I came across a website that allowed me to search all kinds of organizations and what they paid to lobbyists. If you believe that money buys influence, you can really see who is doing the buying. Accordi

By Legal Examiner Staffer

/ 24 Jul 2006

Retaliatory Discharge

The case of Riesen v Irwin Industrial sets out Nebraska’s analysis for a retaliatory discharge for the filing of a worker’s compensation claim in an “employee at will” state. The following procedure is utilized under the three-tiered allocation of proof standard: First, the plaintiff has the burden

By Legal Examiner Staffer

/ 21 Jul 2006

Vicarious Liability of a Third Party in a Worker Compensation Case

The Nebraska Supreme Court in the case of Didier v Ash Grove Concrete reiterates the rules by which an employer of an independent contractor may be vicariously liable to an injured third party. As noted above, an employer of an independent contractor is generally not liable for physical harm caused

By Legal Examiner Staffer

/ 21 Jul 2006

Possible New Knee Cartilage

I read a very encouraging article concerning the implantation of bioengineered cartilage in damaged knee joints. The authors of the study conclude:”We have shown for the first time that tissue-engineered cartilage implanted into knees can mature into an articular cartilage structure as early as 11 m

By Legal Examiner Staffer

/ 19 Jul 2006

Old Tires

An interesting read in LawyersUSA concerning tires wearing out due to age. The article deals with a number of lawsuits that are being filed for what appears to be a failure of tire manufacturers and auto companies to warn people that the age of a tire alone, and not necessarily its wear and tear, ma

By Legal Examiner Staffer

/ 10 Jul 2006

Guest Statute in Nebraska is Constitutional

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

By Legal Examiner Staffer

/ 7 Jul 2006

Fourth of July — Be Careful

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.

By Legal Examiner Staffer

/ 3 Jul 2006