Barnett v. Happy Cab Co.

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Barnett v. Happy Cab Co.

Case Number
Call Date
March 1, 2022
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-21-0407, Jeremy Barnett (Appellant) v. Happy Cab Co., a Nebraska Corporation, Checker Cab Co., a Nebraska Corporation, and Richard C. Kincaid

Appeal from the District Court of Douglas County, J. Michael Coffey

Attorneys:  John C. Fowles (Fowles Law Office, PC, LLO) for Appellant and Michael T. Gibbons and Raymond T. Walden (Woodke Gibbons, PC, LLO) for Appellees. 

Civil:  Personal Injury

Proceedings below: In the original appeal, the Nebraska Court of Appeals reversed and vacated two of the district court’s orders and remanded the case with directions.  See Barnett v. Happy Cab Co., 28 Neb. App. 438 (2020).  Subsequently, the district court ordered Appellant to return payments and granted Appellees’ motion to dismiss.

Issues:  Appellant argues that the district court erred: 1) in dismissing the action as to all Appellees, but for Happy Cab, 2) in entering the Amended Order dated January 14, 2021, 3) in ordering the return of money to an entity and from a person whom were not parties to the litigation, as it had not jurisdiction over them, 4) in finding that money was paid “under compulsion,” 5) in not conclude that the Appellant and Happy Cab, only, had reached a settlement and/or concluding it was a question of fact for the trier of fact, and 6) in issuing the ambiguous order of January 14, 2021, that is conclusory and does not contain sufficient factual findings to support its ultimate remedy. 

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