Personal Injury Law

It's good to mitigate your damages

Posted on March 23, 2010
A Sarpy County jury reached a $150,000.00 verdict on behalf of our client William 'Bill' Kernes on February 24, 2010. Mr. Kernes was injured while working for the State of Nebraska as a maintenance worker, driving a snowplow when he was rear ended by the defendant's tractor trailer...

AVL Light Fixtures Recalled Due To Shock Risk

Posted on March 03, 2010
Outdoor Lighting Fixtures are being recalled by American Electric Lighting -- a division of Acuity Brands Lighting Inc. -- due to improper wiring which poses a shock hazard to consumers. To date, no injuries have been reported to the company in connection to the recall...

Nebraska's Attempt to Keep Drunk Driver's Off the Road

Posted on October 05, 2009
Recently, the Nebraska legislature passed two bills, LB 497 and LB 736 amended the state statutes to increase the previous consequences for those that drive drunk. Previously, legislation did not penalize first-time DUI offenders by requiring them to have an ignition interlock device installed in their vehicles...

New Requirements to Get Driver's Licenses in Nebraska

Posted on June 09, 2009
Local news agencies are reporting that drivers should be aware of changes in how to get new or replacement licenses. Starting in July, drivers will no longer be able to exchange an expired driver's license for a new one. Neither will those replacing lost driver's licenses be able to walk out with a new license the same day that they visit motor vehicles...

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Caffeinated Chewing Gum May Present Health Concerns, Especially for Teens

Posted on May 31, 2009
Reuters and the Lancet are reporting on the case of a thirteen year old boy recently hospitalized with caffeine intoxication. The boy consumed two packs of caffeinated gum within a four hour period, ingesting about 320 mg of the stimulant. The boy's parents first noticed that he was acting irritable and aggressive, but symptoms soon worsened...

Hewlett Packard Recalls Laptop Batteries due to Potential Fire Hazard

Posted on May 18, 2009
The U.S. Consumer Products Safety Commission has released news of a voluntary recall of lithium-ion batteries used in Hewlett-Packard laptop computers. The voluntary recall went into effect last Thursday, causing many people to turn their laptop computers upside down and look at the model number that appears on the top of the service label stuck to the bottom of the laptop...

Motorcycle Accident Takes Life of Omaha Rider

Posted on May 10, 2009
The Omaha World Herald reported last week on the unfortunate death of David Splittgerber, a resident of Omaha. Just twenty-three, David was riding his motorcycle northbound on Interstate 29 in Council Bluffs when he lost control of his bike. David was riding a 2007 Harley Davidson, and authorities have suggested that he may have been struck by a second motorcycle shortly after his own started sliding down the road...

Fitness Balls Recalled from Gyms, Department Stores, and Sporting Goods Retailors Following Explosions

Posted on April 22, 2009
US News and World Report publicizes that EB Brands has recalled about 3 million fitness balls from gyms and stores in the previous weeks. Fitness balls are generally used for physical therapy and exercise. The balls are made of a soft PVC inflated with air...

Judge Raises Questions - and Suggests Answers - About the Valuation of a Diminished Life After Hearing Accident Cases

Posted on April 14, 2009
The Honorable John P. Murphy of the District Court of Nebraska recently heard a case regarding a number of claims against the state for failure to care for the intersection of U.S. Highway 30 and Newberry Access near North Platte. The Journal Star reported that the Judge found 'ample evidence of negligence' in properly signing and maintaining the intersection...

Careful Not to Cross the Line (or Lane)! Knowing Lane Rules for Motorcyclists Increases Safety

Posted on April 11, 2009
To become licensed to drive a motorcycle in Nebraska, both written and driving tests are required. Riders must fulfill all the requirements, including motorcycle skills tests at local testing centers and demonstrating knowledge of the Nebraska motorcycle operating manual...

A Case about Experts

Posted on March 03, 2009

Plaintiff's Win Most of the Time

Posted on October 30, 2008
As reported in the National Law Journal study, plaintiffs who went to trial in their lawsuits in 2005 won 68% of the time in front of judges and 54% of the time in front of juries. The median jury award was $28,000.00 which has dropped from earlier studies, and the number of cases actually going to trial has also dropped...

How to battle Federal Preemption of Medical Devices

Posted on August 05, 2008
Legislation! Legislation! Legislation!. As reported in Lawyers USA, a The Medical Device Safety Act of 2008 has been introduced in the United States Senate. The Act being considered will specifically address the findings in the Rigel v Medtronics case decided by the Supreme Court in its last term...

Disgusting Food Case ends in a Verdict

Posted on July 15, 2008
A $40,000.00 jury verdict was rendered in Cheyenne County Nebraska against a local KFC/Taco Bell restaurant. Apparently, the employees of that particular restaurant had what was called "special servings" for police officers and their families, which would have the employees spit or urinate into the food...

AAJ ranks Ten Worst Insurance Companies for Consumers

Posted on July 09, 2008
The American Association for Justice has published its ten worst insurance companies for consumers. Forget what you see on TV, as a consumer you are not in good hands with Allstate, as they lead the list. As a consumer, let the buyer beware, each of the top ten companies will use various tactics to increase profit...

Can a Hospital Charge an Uninsured Patient more that an Insured or Medicaid Patient?

Posted on July 03, 2008
According to the Third Circuit case, DiCarlo v. St. Mary Hospital, No. 06-3579. June 24, 2008, they can. What has always seemed inequitable to me is that the people who don't have health insurance pay the most for the medical services. DiCarlo is an interesting read and certainly not wrong...

Congress tells the Courts what it meant when it passed the Americans With Disability Act.

Posted on June 27, 2008
Yesterday the House of Representatives passed an amended version of the Americans with Disability Act by a vote of 402 to 17. As reported by the Washington Post, many of the representatives were frustrated by the discriminatory provisions of the Act and its interpretation by the Courts...

A Sad Ending to a Motorcycle Ride

Posted on June 18, 2008
Two people were killed in Lincoln Nebraska when they were hit by a drunk driver while on a motorcycle. More proof that drinking and driving don't mix. Originally posted at InjuryBoard by John Inserra

Omaha Metro Safety Initiative

Posted on June 04, 2008
The Nebraska State Patrol, in cooperation with the Omaha Police Department and Douglas County Sheriff's Office, have announced participation in the Omaha Metro Safety Initiative. The OMSI is designed to make a unified presence of law enforcement in the enforcement of traffic laws in the City of Omaha...

Carbon Monoxide Detector Recalled

Posted on May 16, 2008
FireX branded 10000 and 12000 series carbon monoxide alarms with item numbers: 10000, 12000, 12000C, 12000-6, 12200, 12220, 12400, 12400C manufactured between June 1, 2007 and February 1, 2008 have been recalled by the U.S. Consumer Product Safety Commission in cooperation with Maple Chase Co...

Texas Vioxx Reversal

Posted on May 14, 2008
A Texas appeals Court has reversed a $32 million award entered against Merk & Co.  This decision will likely move on to a higher court. The appeals court in San Antonio said Leonel Garza's fatal heart attack probably resulted from pre-existing health conditions unrelated to his taking of Vioxx...

Bike-To-Work Week to Kick Off on May 12 with Omaha Mayor Mike Fahey's Annual Bicycle Ride

Posted on May 06, 2008
Omaha Mayor Mike Fahey will kick off Bike-to-Work Week in Omaha on May 12 by leading a ride to the see current construction status on the eagerly-anticipated pedestrian/bicycle bridge spanning the Missouri River from Downtown Omaha to Council Bluff,s Iowa, linking the two cities' trail systems...

Omaha Receives 20-Year Extension to 2030 From NCAA on its Beloved College World Series

Posted on April 30, 2008
Breaking news from Omaha.com! We citizens had to build a new $140 million stadium to ink the deal, but who cares. My family has had CS season tickets for 30 years, and I went to the Series (in Omaha since 1950) with my Grandfather as a child.  I have taken my own children annually for tailgating and opening day since they were infants...

Grand Island, Nebraska Teenagers Seriously Injured by Violation of a Red Light Traffic Signal

Posted on April 28, 2008
As reported by Omaha.com, another negligent Omaha driver entered an intersection against a red light in a pickup, slamming broad-side in to the passenger doors of a small Dodge Neon car. Luckily, former Honor Students Destiny Mastic and Malar Monoliths survived the tremendous impact with serious, but non-life-threatening injuries...

HAPPY EARTH DAY - Omaha had a GREAT Celebration AND Announced Some Recyclables

Posted on April 21, 2008
Omaha had a fantastic Earth Day Celebration in it Elmwood Park this past Saturday, with over 60 booths, a concert, and many programs to educate us on how "THE POWER OF ONE", one person recycling one day at a time, can make a big difference. To learn about how you can make a difference, and what you can recycle in Omaha's pickup program, click here:

Motorcycle Information by the Highway Safety Department of Nebraska

Posted on April 21, 2008
If you have a motorcycle or are interested in buying a motorcycle, you should look at the Nebraska Department of Motor Vehicles Highway Safety Division website on motorcycles.  The site covers the Nebraska Law on motorcycle licensing, safety programs and accident statistics...

DO YOU OWN A 2003 HONDA ACCORD? You and 350,000 OTher Fellow Owners Have a Recall to Deal With

Posted on April 20, 2008
Omaha's KETV broke the AP story: THe 2003 Honda Accord has a water drainage problem that leads to corrosion windshield wiper cover.  The corrosion could cause the electrical circuit breaker inside the wiper motor area to fail and could prevent the motor from working, potentially leading to a crash...

Volvo Wins Safety Award

Posted on April 18, 2008
Volvo has won an award for the development of "City Safety."  The XC60 is Volvo's first car to have this system. Approximately 75% of all collisions are at speeds less than 30 km/h (18 mph). In 50 percent of cases the driver does not even brake before the collision and the reason is usually insufficient concentration...

Term Limits - Are They Accomplishing What Their Proponents Desired?

Posted on April 17, 2008
Today 15 State Senators leave Nebraska's one-House Unicameral.  Those State Senators have over TWO HUNDRED years of experience.  Nebraska will lose it only African-American and Latino representatives, and the African-American Senator, Ernie Chambers, has long served (38 years) as the left-wing social conscious of our Republican-dominated statement...

Omaha Road Construction announced for Remainder of the Year - Avoid the Orange Barrels and Associated Accidents

Posted on April 16, 2008
Remember. Fines double, and so do travel times and your odds of haiving an accident.  Be SAFE! From Omaha.com: Short-term • L Street: one eastbound lane closed between 24th and 23rd Street; utility work; through Friday, April 18.• Ames Avenue: one eastbound lane closed between 57th and 56th Street; utility work; through Thursday, April 17...

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