New automobile ratings may be found at www.safecar.gov. A good web site when buying a car. A good website when investing defects and recalls.For more information on this subject, please refer to our section on Car and Motorcycle Accidents.
The Nebraska Supreme Court ruled the guest statute constitutional in the case of Le v Lautrub. Section 25-21,237, as amended in 1981, controls this case. Section 25-21,237 provides: The owner or operator of a motor vehicle shall not be liable for any damages to any passenger or person related to such owner or operator as spouse or within the second degree of consanguinity or affinity who is...
The Nebraska Supreme court cleared up the issue of ownership requirements and the negligent entrustment of a vehicle involved in a motor vehicle accident in the case of Richard A. DeWester, Personal Representative of theEstate of Lindsay DeWester, deceased, appellant, v. Kyle W. Watkins, an individual, appellee. In a nutshell, the Court held: Based on the Restatement's reasoning, most courts...
The Nebraska Supreme Court defines the issue of a continuing tort action and its relation to the statute of limitations. We reaffirm our statement in Wischmann and conclude that a claim for damages caused by a continuing tort can be maintained for injuries caused by conduct occurring within the statutory limitations period. Seen in this light, the "continuing tort doctrine" is not a separate...
The Nebraska Supreme Court ruled today that a trial court did abuse its discretion in striking the testimony of a physician regarding the causal relationship between a diagnosis of fibromyalgia and it traumatic onset. The case is Epp v. Lauby, 271 Neb. 640. This case reiterates Nebraska's interpretation of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed....
If you are planning to host a Super Bowl party this weekend, be sure your guests who are driving home haven't had too much to drink. According to the Insurance Information Institute (I.I.I.), many states hold party hosts liable for motor vehicle accidents involving their guests who are driving under the influence. Statistics from the National Highway Traffic Safety Administration (NHTSA) point...
The Nebraska Supreme Court further defined the underinsurance statute of limitations found at Neb. Rev. S tat. §§ 44-6401 to 44-6414 (Reissue 2004) in the case of Connie Reimers-Hild, appellant, v. State of Nebraska et al., appellees. filed on November 9, 2007. . Guide One Insurance Company was the tortfeasor's motor vehicle liability insurer. Guide One settled Reimers-Hild's claim, the...
The I-35W Interstate highway bridge in downtown Minneapolis plummeted over 60 feet into the Mississippi River, killing at least 7. Nearly thirty people remained missing as the search continued into the next day for cars that fell from the bridge into the river. The bridge was full to capacity of rush hour traffic when the accident occurred, which may have caused it to break up into sections...
I read a very encouraging article concerning the implantation of bioengineered cartilage in damaged knee joints. The authors of the study conclude:"We have shown for the first time that tissue-engineered cartilage implanted into knees can mature into an articular cartilage structure as early as 11 months after implantation of Hyalograft C," the authors conclude. "Development of osteoarthrosis,...
A report from CNN indicates that if you are hurt in an auto accident which appears to be low impact by the damage to the vehicles, the insurance companies are taking advantage by low balling offers. If you are injured in a minor car crash, chances are good that you will be in the fight of your life to get the insurance company to pay all the medical costs you incur -- even if the accident was no...
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