Posts tagged Motor Vehicle Accidents

• An issue of vehicle ownership and negligent entrustment

  John Inserra | February 29, 2008 10:30 AM | 0 CommentsOmaha, NE Category: Automobile Accidents
  

  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...

• New Automobile Safety Ratings

  John Inserra | January 10, 2008 1:43 PM | 0 CommentsOmaha, NE Category: Automobile Accidents
  

  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.

• First DWI Court in Nebraska

  John Inserra | November 28, 2007 8:48 AM | 0 CommentsOmaha, NE Category: Automobile Accidents
  

  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...

• Nebraska case Interprets Underinsurance Statute of Limitations

  John Inserra | November 11, 2007 4:02 PM | 0 CommentsOmaha, NE Category: Automobile Accidents
  

  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...

• What makes a medical charge reasonable?

  John Inserra | September 26, 2007 8:50 AM | 0 CommentsOmaha, NE Category: Automobile Accidents
  

  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...

• Federal Premption and Rental Cars

  John Inserra | September 18, 2007 1:22 PM | 0 CommentsOmaha, NE Category: Automobile Accidents
  

  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...

• ERISA Reimbursement Case of Interest

  John Inserra | August 01, 2007 6:35 AM | 0 CommentsOmaha, NE Category: Automobile Accidents
  

  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...

• Cell Phone Use Laws While Driving

  John Inserra | July 16, 2007 11:07 AM | 1 CommentOmaha, NE Category: Automobile Accidents
  

  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.

• Verdict Against the City of Omaha

  John Inserra | June 29, 2007 10:06 AM | 0 CommentsOmaha, NE Category: Automobile Accidents
  

  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...

• New Jersey case allows minor impact photographs

  John Inserra | June 15, 2007 8:53 AM | 0 CommentsOmaha, NE Category: Automobile Accidents
  

  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...