Motor Vehicle Accidents | InjuryBoard Omaha

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...

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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.

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Scottsbluff County Nebraska has instituted a "post sentence" DWI court, the first in the State of Nebraska.The goal of the court, like its drug court counterparts, is to get people enrolled in alcohol and/or drug treatment programs, mental health counseling as needed, and regular participation in Narcotics Anonymous or Alcoholics Anonymous programs. A "post sentence" court is one that operates...

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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...

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The case of Reyher v. State Farm Mutual Automobile Insurance Company out of the Colorado Court of Appeals reversed the trial court's summary judgment on the issue of what a medical doctor should or should not be reimbursed by the automobile insurance company based on a submission of a Auto Injury Management database.In October 2001, Reyher was injured in an automobile accident and required...

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As reported by American Association for Justice (AAJ): In a ruling with wide implications for federal preemption and vicarious liability, the U.S. District Court for the Southern District of Florida on September 14 declared the Graves Amendment unconstitutional. That amendment had given immunity to automobile rental agencies for harm caused by their vehicles (Vanguard Car Rental v. Huchon, Case...

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An ERISA case, Mills v. London Grove Township, decided by a Federal Judge in Pennsylvania did not allow the plan administrator to recover against a special needs trust set up for a dependant of the plan's primary beneficiary. For anyone who deals with ERISA subrogation claims, the judge put his reasoning into reality when he states: In the final analysis, the real dispute generated by ACS's...

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Concern over the increasing use of cell phones has prompted legislatures in a number of states to attempt to ban, or at least restrict, cell phone use while driving, particularly among novice drivers. Attached is a chart outlining the use of cell phones while driving for each state. For more information on this subject, please refer to our section on Car and Motorcycle Accidents.

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A Douglas County District Judge awarded $837,000 to Dorcas Davis, 46. Davis experiences seizures, memory loss and eye movement problems because of the accident seven years ago. The award was made against the City of Omaha for failing to install a stop sign at the intersection of 17th & Burt Street at the proper height.For more information on this subject, please refer to our section on Cars and...

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The New Jersey Supreme Court has allowed photographs of a minor rear end collision to be admitted into evidence on the issue of causation without the need for expert testimony. The battle will continue as to whether photographs showing minor or no damage to vehicle will be admissible to either prove or disprove a cause and effect injury from the accident. The reasoning is interesting because...

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As reported by the New York Times:In a Pennsylvania government survey of the state's 60 hospitals that perform heart bypass surgery, the best-paid hospital received nearly $100,000, on average, for the operation while the least-paid got less than $20,000. At both, patients had comparable lengths of stay and death rates

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Finally a start to the curbing of health care costs. First, the consumer must know the cost of the service, so he or she can make a judgment about that service. Will this curtail costs? Who knows! I believe it is a least a step in the right direction.California's largest private physician practice has become one of the first doctor groups in the nation, and almost certainly the largest, to...

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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...

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One doctor's opinion!America's health insurance system is sick. The symptoms: high costs, lack of access, declining choice, increasing medical homelessness.[1] The etiology: our dependence on private health insurance. In no other industrialized nation does the majority of people rely on private health insurance to get healthcare.Private health insurance is like a sponge: It sucks up dollars but...

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A small study shows promise for intervertebral disk replacement rather than spinal fusion or artificial disk replacements. Preliminary experience in 5 patients with degenerative spine disease suggests that transplantation of fresh-frozen intervertebral disks preserved motion and stability of the spinal unit, despite some signs of mild degeneration in the disks over follow-up. Neurologic symptoms...

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