Edwards v. Estate of Clark

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Edwards v. Estate of Clark

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

S-21-790 and S-21-791, Tonya Edwards, an assignee of Douglas County, Nebraska, a Political Subdivision (Appellant) v. The Estate of Kenneth Clark and Mark Malousek, only in his capacity as Personal Representative of the Estate of Kenneth Clark (Appellee) 

Appeal from the District Court for Douglas County, Judge James M. Masteller

Attorneys: Theodore Boecker, Jr., (Boecker Law, for Appellant) and Jon J. Puk, (Woodke & Gibbons, for Appellee)

Civil: Assignment of Subrogation Claim under PSTCA [Political Subdivision Tort Claims Act]

Proceedings Below:  As part of Appellant’s settlement against Douglas County, Appellant was assigned any and all rights Douglas County had to contribution, subrogation, and/or indemnity against Appellee. Appellant filed suit against Appellee, and Appellee’s Motion to Dismiss was granted. On its own motion, the Nebraska Supreme Court ordered these dockets be consolidated and ordered these cases be removed from the docket of the Nebraska Court of Appeals and transferred to its docket.

Issues on Appeal: Appellant makes the following assignments of error on appeal:  1) The district court erred in dismissing the complaint upon a Motion to Dismiss; 2) The district court erred in assuming that the county’s alleged immunity somehow precluded it from pursuing claims of indemnity, contribution and/or subrogation; and 3) The district court erred in failing to recognize that the county had potential liability for which it was not immune. 

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