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...

  • Guest Statute in Nebraska is Constitutional

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

  • Continuing Tort and the Statute of Limitations

    John Inserra | April 20, 2007 12:42 PM | 0 CommentsOmaha, NE Category: Automobile Accidents

    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...

  • Pain and Its Causes

    John Inserra | May 22, 2006 2:59 PM | 0 CommentsOmaha, NE Category: Head & Brain Injuries

    Thanks to my paraglegal, Christy Koch, for finding a list of articles from the International Study of Pain. The list of articles runs a gamet from pain in children, spinal pain, fibromyalgia pain, pain and depression, and on and on. The articles are scientific in nature, written by medical providers, whose object is to study pain.

  • 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...

  • Possible New Knee Cartilage

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

    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,...

  • Microdiscectomy Study

    John Inserra | January 09, 2007 3:53 PM | 0 CommentsOmaha, NE Category: Automobile Accidents

    A study reported at Medscape: Not a large study but it seems to fall in line with recent trends for treatment of herniated discs.Study Design: Prospective randomized controlled trial.Objective: To assess effectiveness of microdiscectomy in lumbar disc herniation patients with 6 to 12 weeks of symptoms but no absolute indication for surgery.Summary of Background Data: There is limited evidence...

  • 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.

  • Intervertebral Disk Replacement

    John Inserra | March 30, 2007 10:39 AM | 0 CommentsOmaha, NE Category: Automobile Accidents

    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...

  • 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.

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