Automobile Accidents

• Underinsurance Case

  John Inserra | November 14, 2006 10:55 AM | 0 CommentsOmaha, NE

  The case of Pogge v American Family Insurance decided by the Nebraska Supreme Court has a very interesting fact scenerio. Three vehicle accident, injured plaintiff settled with first vehicle for total amount of liability coverage, plaintiff settles with second vehicle for less than the liability coverage, with a release stating that the settlement is in compromise of a claim without any...

• Side Airbag Study

  John Inserra | October 06, 2006 9:56 AM | 0 CommentsOmaha, NE

  The New York times reports:A driver's risk of being killed in a side-impact crash decreases by more than a third if the vehicle has head-protecting side-curtain air bags, a study of accident data by the Insurance Institute for Highway Safety shows. Automakers have agreed to make side-curtain air bags standard equipment in all vehicles by 2010. For the 2006 model year, some type of side air bag...

• You Take Them as You Find Them

  John Inserra | August 18, 2006 9:50 AM | 0 CommentsOmaha, NE

  The case of Castillo v Young handed down today by the Nebraska Supreme Court answers the question regarding the propriety of instructing a jury regarding a prexisting condition. The court decided that it is proper for a trial court to instruct a jury that you take the plaintiff as you find them. The requested instruction was:The instruction requested by Castillo stated: There is evidence...

• Jeep Liberty Recall

  John Inserra | August 11, 2006 2:45 PM | 1 CommentOmaha, NE

  DaimlerChrysler's Chrysler is recalling about 832,500 Jeep Liberty sport utility vehicles to fix a steering part. The front suspension lower ball joints on 2002 to 2006 Liberty SUVs will be replaced, the automaker said in a statement. The part can experience excessive wear and in extreme cases may separate, causing a loss of steering control, Auburn Hills, Mich.-based Chrysler said.

• Rear End Collisions

  John Inserra | August 10, 2006 2:39 PM | 0 CommentsOmaha, NE

  The Insurance Institute for Highway Safety recently evaluated four cars and two small SUVs, finding that front and side protection is improving but protection for rearend crashes lags. Now it's the norm for vehicles to earn good ratings in the frontal test, and performance in the side test is rapidly improving," Lund says. "But protection against neck injury in rear-end crashes still needs a lot...

• Possible New Knee Cartilage

  John Inserra | July 19, 2006 9:15 AM | 0 CommentsOmaha, NE

  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,...

• Guest Statute in Nebraska is Constitutional

  John Inserra | July 07, 2006 12:28 PM | 0 CommentsOmaha, NE

  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...

• Diagnosis of Fibromyalgia and Daubert Ruling in Nebraska

  John Inserra | June 02, 2006 3:49 PM | 0 CommentsOmaha, NE

  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....

• Bicycle Safety Tips for You and Your Kids

  John Inserra | June 01, 2006 3:32 PM | 0 CommentsOmaha, NE

  The summer months are upon us and it is time to get out and ride your bicycle with the kids. Pass along the following safety tips to anyone riding a bicycle:Bike Safety Teach children the following bicycle and motorbike safety rules: • Wear a bicycle or motorcycle helmet on every ride. Check to see if your helmet should have a safety certification. • Ride so drivers and cyclists can see...

• ERISA Paybacks

  John Inserra | May 16, 2006 10:04 AM | 0 CommentsOmaha, NE

  JOEL SEREBOFF, ET UX., PETITIONERS v. MID ATLANTIC MEDICAL SERVICES, INC. a case decided by the United States Supreme Court on May 15, 2006, seeks to answer the question? Can a fiduciary under the Employee Retirement IncomeSecurity Act of 1974 (ERISA) sue a beneficiary for reimbursement of medical expenses paid by the ERISA plan, when the beneficiary has recovered for their injuries from a...