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Warner v. Simmons

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Date: 
Friday, May 2, 2014

A-13-0392, Lana L. Warner (Appellant) v. Lee M. Simmons and Niobrara River Ranch, LLC

Lancaster County, Judge Robert R. Otte

Attorneys: Gregory R. Coffey (Friedman Law Offices PCLLO) (Appellant) --- Robert S. Lannin (Shively & Lannin, PCLLO) and Victor Covalt (Ballew Colvalt Hazen PCLLO)

Civil: Negligence

Proceedings below: The jury found in favor of defendant. Appellant filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.

Issues: The district court erred in instructing the jury in accordance with NJI2d Civ. 8.26 as it is not compatible with Nebraska comparative fault law found at Neb. Rev. Stat. § 25-21,185.09 (Reissue 2008).

Cross-Appeal: The district court erred in failing to instruct consistent with NJI2d Civ. 3.01 as requested as it is a correct statement of law.

This page was last modified on Monday, May 5, 2014