LDM Obtains Successful Nebraska Court of Appeals Opinion

The Nebraska Court of Appeals recently upheld summary judgment obtained by attorneys Sean Minahan and Pat Vipond in the Nebraska District Court of Keith County.  Appellees argued that their insurance agent negligently advised them as to workers’ compensation insurance requirements under state law.  The Court, however, determined Appellees failed to request workers’ compensation insurance and the agent had no duty to advise Appellees as to Nebraska’s workers’ compensation insurance requirements.  The Court noted that “the Nebraska Workers’ Compensation Act governs employers, not insurance agents.”  The opinion is scheduled for publication and the full opinion can be found at 25 Neb. App. 742.

Novotny/Dempsey Successful In Obtaining Summary Judgment

Mark Novotny and Sarah Dempsey were recently successful in obtaining summary judgment for a firm hospital client and having the medical malpractice case dismissed. The plaintiff alleged that nurses at the hospital were negligent in leaving a foreign object inside the plaintiff after a procedure.  The court agreed with Mr. Novotny and Ms. Dempsey that the case should be dismissed because the statute of limitations for filing the medical malpractice action had passed.