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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.

Trent-Vilim Finalist For Supreme Court

A judicial nominating commission selected four lawyers Monday as finalists to fill the vacancy on the Nebraska Supreme Court created by the sudden resignation of Judge Max Kelch.

Cathy Trent-Vilim is a partner at Lamson, Dugan and Murray and one of the four candidates chosen.  Trent-Vilim is a 2002 graduate of the University of Nebraska College of Law and works in the areas of appellate litigation, commercial and insurance law and legal malpractice defense.

Gov. Pete Ricketts will now schedule interviews with the finalists before appointing one to the Supreme Court.

Distinguished Nebraskalander Award

LDM would like to congratulate our very own E. Benjamin Nelson on receiving the Distinguished Nebraskalander Award on Saturday night in Lincoln. The dinner was held in the Capitol Rotunda.  The setting was beautiful and majestic, with art deco mosaics of Nebraska scenes over our heads and under our feet. 

Governor Ricketts presented the award to Ben after the Legislative Resolution was read.  The Resolution, adopted by the Unicameral, cited just a few of Ben’s many achievements for the State of Nebraska. 

Governor Ricketts noted many of Ben’s past accomplishments.  He also cited Ben’s unfailing courtesy and bi-partisan support for Nebraska’s interest as both Governor and as U.S. Senator.  The Governor talked about all the work Ben has done on behalf of Nebraskans in his many years of public service.  He mentioned Ben’s support of the University and greater Nebraskan agriculture.  Also Governor Ricketts talked about how much of a mentor Ben has been, and that Ben has generously given his time and advice to Governor Ricketts when he was new to the job.   

At the podium, Ben talked about his lovely wife, Diane, and thanked her for all her work on behalf of the State too.  He also thanked Lamson Dugan and Murray.    

Finally Ben talked about what makes Nebraska so great. He said that we can have divisions in our ideas, and divisions in our parties, but not divisions in our people.  It was a fitting note to end the evening.  Ben’s closing remarks made us all very proud to be a Nebraskan.  And it also made us very proud to know Ben and have him be a member of our Firm.  Congratulations Ben!

 

Another Win For LDM

Dan Hassing, an associate in the firm, recently received a defense verdict after a one and one-half day jury trial in the Douglas County District Court.  The case involved a side-swipe car accident that occurred in Omaha.  Our client was travelling in the left lane of a two-lane street.  When our client sought to merge from the left lane into the right lane, our client hit a car that was in her blind spot in the right lane.  There was a factual dispute as to the severity of the accident and the damage sustained to the cars.

The evidence was that six days after the accident, the plaintiff began treatment with a chiropractor. That chiropractor then referred plaintiff for a series of MRI’s.  The plaintiff was also referred for physical therapy. All told, plaintiff’s medical treatment spanned about several months and exceeded $10,000.00.

At trial, the defense admitted negligence but denied that the negligence had been the cause of any damages.  After a trial that spanned one and one-half days, the jury agreed and awarded Mr. Hassing and the client a defense verdict.

Mr. Hassing is an associate in the Firm and is just one of many younger up-and-coming attorneys in the Firm who will be providing effective representation and obtaining favorable results for our clients for many years to come.

Favorable Verdict in Auto Accident Defense Trial

Attorney Sarah Dempsey recently received a favorable verdict in an auto accident defense trial.  Ms. Dempsey’s client admitted liable for causing the accident.  The only remaining issue for trial was the amount of the plaintiff’s damages.  The plaintiff claimed she was injured in the accident and required medical treatment.  She wanted to hold Ms. Dempsey’s client liability for a spine surgery that occurred over three years after the accident in question.  The plaintiff asked the jury for over $220,000 in damages for medical expenses, lost wages, and pain and suffering.  Ms. Dempsey asked the jury to return a verdict of $5,800 to $8,800.  The jury came back with a verdict of $8,800.

LDM Adds Another Lawyer to Those Admitted to United States Tax Court

LDM business and commercial trial lawyer Brian Brislen has been admitted to practice in the United States Tax Court.  Mr. Brislen joins Robert Murray, Dan Waters, Mark Novotny, Katie French and Joseph Borghoff as LDM lawyers admitted in the United States Tax Court.  Mr. Brislen is also admitted in Nebraska as well the United States District Court for the Districts of Nebraska, Colorado and the Southern District of Iowa, the United States Court of Appeals for the Eighth Circuit and the United States Supreme Court.  Mr. Brislen, Mr. Murray and Mr. Borghoff will be representing two LDM clients before the tax court in cases that are expected to be tried this summer.  Mr. Brislen will serve as lead trial counsel.

LDM Secures Judgment of Nearly $2.2 Million in Litigated Joint Venture Business Dispute

LDM business and commercial trial lawyers Brian Brislen and Adam Feeney helped an LDM client obtain a judgment of nearly $2,200,000.  They represented the client at trial over three days in July of 2017, in a claim seeking payment of money owed after a nearly decade long farming operation ended.  The action sought to recover the full amount of the profits owed to LDM’s client, plus interest.  After the close of a post-trial briefing schedule closing arguments were presented on October 31, 2017.  In an Order dated January 31, 2018, the Court found that the client met his burden to prove a breach of contract, money had and received, and a breach of the duty of good faith and fair dealing inherent in contractual relationship.  The Court also denied the defendant’s allegation that the claim was barred by the statute of limitations.  Ultimately, the Court awarded our client the full amount sought:  a total Judgment of $2,186,638.83.