Our attorneys have not only obtained excellent results at trial and through settlement, they have led the way in advancing important issues on appeal to achieve results that have shaped Nebraska law for the better.
In Heins v. Webster County, 250 Neb. 750, the Nebraska Supreme Court threw out the invitee/licensee distinction in premises liability law–a rule dating back to the common law of England. The decision represented a significant shift in Nebraska law lowering the burden on injured Nebraskans to bring claims against negligent landowners.
More recently, in Fickle v. State of Nebraska, 273 Neb. 990, the Court found inadequate, as a matter of law, an award of $500,000 for pain and suffering for our client Jake Wagner. The Court said, “Wagner’s injuries were catastrophic and permanent, and the award of $500,000 for noneconomic damages does not fairly and reasonably compensate him for his pain and suffering.”
To our knowledge, this was the first time in Nebraska court history that an award of $500,000 for pain and suffering was held to be inadequate as a matter of law.
In a ruling that will help ensure that all injured Nebraskans receive the damages they are entitled to, the Court further held that the higher “private-party rate”, not the Medicaid rate, is the proper rate to use in calculating an injured person’s future medical expense damages.