Attorney Gary Young: Sale of Lancaster Manor “Substantially Harmed” Taxpayers

Keating, O’Gara attorney Gary Young has continued to battle for the citizens of Lancaster County in a lawsuit alleging that the county failed to follow the law that required a public hearing before selling Lancaster Manor.

From the Journal Star:

Judge to decide if county board followed rules on Lancaster Manor sale
By ALGIS J. LAUKAITIS
Lincoln Journal Star
February 8, 2010

After a one-day trial on Monday, a taxpayer’s fight to stop the sale of Lancaster Manor is now in the hands of District Judge Karen Flowers.

Kim Kaspar sued the Lancaster County Board of Commissioners in late December, alleging it failed to comply with state laws that require the county to sell the manor for fair market value and to the highest bidder, and to give proper notice of a sale and hold a public hearing.

Kaspar alleges the board sold the 293-bed nursing home for less than its appraised value of $10.2 million and gave the buyer, Hunter Management of Evanston, Ill., “a sweetheart deal.”

The Lancaster County Board used an appraised value of $9.5 million and deducted $1.45 million for operational concerns at the manor. The final selling price was $8.05 million. The board also put $1 million into a reserve fund for future capital improvements.

“The citizens were substantially harmed by the sale,” Kaspar’s attorney, Gary Young of Lincoln, said in his opening remarks.

Kaspar has opposed the sale of the manor as a taxpayer and as president of the local labor union that once represented more than 300 manor employees. She hopes to stop the sale of the manor before it is finalized March 1. The manor was turned over to Hunter Management on Jan. 1.

“We would like the sale to be done right,” Kaspar said in an interview during a court break.

Young is asking the judge for a”writ of mandamus” to undo the sale and lease agreement between the county board and Hunter Management, and to order the board to follow state laws that require the county to declare the manor as surplus property, give proper notice to the public and hold a public hearing.

None of those things were done by the board, which authorized the sale with a 4-0 vote on Dec. 8 . . . .

One of the key points brought out during the trial was that the board sold $2 million in accounts receivable (or bills that are owed) to Hunter Management for $800,000.

In an interview, Workman explained they did so because the $2 million in bills were more than 245 days overdue. He said the Rothner family, which owns Hunter Management, had not bought accounts receivables in the past.

“I felt they were doing us a favor,” Workman said, adding that there was no good way to collect the bills after the sale. “It wasn’t something they were terribly interested in.”

Young, however, contended that the bills mostly were from state and federal programs that handled Medicaid and Medicare reimbursements, and therefore collectable by the county . . . .

Mr. Young was interviewed yesterday by Coby Mach on Drivetime Lincoln.

Posted on February 10, 2010 in Due Process, Lancaster Manor
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Defective Toyota Accelerator May Have Led to Wrongful Death

From The Houston Chronicle:

Fatal Houston crash leads to lawsuit against Toyota
By Mary Flood
Feb. 1, 2010, 10:40PM

The family of a Houston woman whose car sped through a stop sign and smashed into a cement wall, killing her on impact a week before Christmas, filed what is likely the third acceleration-related wrongful death lawsuit against Toyota in the nation Monday.

Trina Renee Harris, a 34-year-old mother of two, died on impact when her 2009 Toyota Corolla slammed into an East Hardy Toll Road cement divider at Barry, leaving no skid marks, Houston police reported.

Her husband, Michael Harris, filed a lawsuit Monday against Toyota Motor Sales U.S.A., gas pedal maker CTS Corp. and Fred Haas Toyota World, which leased her the car. Lawyers involved in the lawsuit said it’s likely the third such case filed in response to acceleration problems that prompted Toyota to recall millions of vehicles and halt some production.

“I want those who were negligent to be held responsible. This problem was there before Dec. 18 when she died,” Michael Harris said. The U.S. Navy petty officer first class had recently completed a stint on an aircraft carrier in the Middle East and was in San Diego when he learned of his wife’s death. He returned to Houston, where the family opened Christmas gifts Trina Harris had bought . . . .

If you or a loved one have been injured in Nebraska due to a defective Toyota accelerator pedal, call the Keating, O’Gara Law Firm at 888/234-0621 for a free consultation.

For helpful advice on what to do if the accelerator sticks, watch the following video:

Failure to Provide Three Point Restraint for Rear Seat Passenger Leads to Verdict Against Ford Motor Co.

From Law.comFord Logo

Already on the hook for the lion’s share of a $17.7 million judgment and waiting for a decision from a jury that was out considering punitive damages, Ford Motor Co. decided to settle with a couple who sued following a Christmas 2005 wreck that left the woman paralyzed.

The agreement came after a Clayton County, Ga., jury ordered Ford on Dec. 18 to pay more than $16 million of the judgment to compensate for what the plaintiffs argued were design defects in the 2002 Explorer sport utility vehicle in which the woman was a passenger.

Lynn Wheeler, then 58, was seated in the back seat between her two grandchildren, who were in booster seats, as her son drove to church that morning along Noah’s Ark Road in Clayton County . . . Wheeler, who was restrained only by a lap belt, slammed forward and down as the rear seat latch failed, and it collapsed on her.

“As a result,” says the pre-trial order, “Lynn Wheeler’s head and neck were driven down and forward into the front seat and/or center console, catastrophically injuring her spinal cord.”

* * *

The complaint asserted that the automaker’s design for both the rear seat latch and decision to install a lap belt rather than a three-point shoulder belt constituted negligence, and it also said Ford should have warned the Wheelers and the general public “of the dangers in a reasonably foreseeable collision presented by the design of the Ford Explorer rear seat, occupant restraint system and surrounding structures.”

If you or a loved one have been injured due to a product defect such as a poorly designed restraint system, please call the Keating, O’Gara Law Firm at 888/234-0621 for a free consultation.

Gary Young: Lawyer, Professor, . . . and now, Author

gary-youngKeating, O’Gara’s Gary Young has published a witty and extremely helpful guide to navigating the dangerous waters of law school.

Encouraged by the many students he has taught legal writing to over the years as an adjunct professor at the UNL College of Law, Gary put his survival tips into a very readable guide he dubbed Law School Ninja.

The book is now available at Amazon.com.

Remboldt Luedtke partner Troy Kirk, a former student of Gary’s, posted this review at Amazon:

Gary Young’s combination of wit and unconventional wisdom makes Law School Ninja a fantastic read, particularly for any first year law student hoping to excel in law school. The book provides a concise compilation of several practical insights and tools necessary for succeeding in the dreaded 1L year and beyond. If you are a prospective law student who intends to compete for the top jobs out of law school, you need to read this book. I only wish I would have had Young’s wisdom and insights prior to my law school experience.

It’s the book we all wish we would have had as a freshman in law school.

Posted on October 27, 2009 in Keating O'Gara Law Firm
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Anne Winner to Present at Nebraska Workers’ Compensation Seminar

AEW Business PicThe Nebraska State Bar Association continuing education seminar on workers’ compensation will feature Keating, O’Gara’s Anne Winner, among others.

As an experienced Nebraska workers’ compensation attorney, Anne Winner has given numerous presentations over the years dealing with on the job injuries.

On November 6, Anne will address “Multiple Injuries in One Accident: Stacking, Compensation per the Schedule v. Earning Capacity for Two or More Members & More” at the NSBA Workers’ Compensation Section Annual Seminar at the Cornhusker Hotel in Lincoln.

For more information on the seminar, go to the NSBA website here.

Posted on in Keating O'Gara Law Firm
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From offices in Lincoln, Nebraska, attorneys at Keating, O'Gara, Nedved & Peter, P.C., L.L.O. serve clients in Lincoln, Grand Island, Kearney, Omaha, Hastings, Norfolk, Fremont, Beatrice, Broken Bow, Valentine, Lexington, North Platte, McCook, Ainsworth, O' Neill, Wayne, Norfolk, Fairbury, Kimball, Sidney, Seward, York, Aurora, Columbus, and communities throughout Lancaster County, Adams, Buffalo, Custer, Gage, Hall, Lincoln and Red Willow Counties, and those injured in traffic accidents on Interstate Highway 80, and Nebraska state highways 81, 83, 183, and 281.