Notable decisions of Justice Dale Fahrnbruch

Notable decisions of Judge Fahrnbruch, Nebraska Supreme Court civil cases Former Nebraska Surpeme Court Associate Justice Dale Fahrnbruch passed away last week. He was on the Supreme Court from 1987 through early 1997. While he primarily handled criminal appeals, he authored several signifcant opinions in civil cases: Workers Compensation: DOROTHY SCHLUP v. AUBURN NEEDLEWORKS 479 N.W.2d 440, 239 Neb. 854 Decision established that cumulative trauma cases are compensable work accidents under the Nebraska worker compensation law and also held the “odd lot” worker doctrine would allow some injured workers to win permanent compensation benefits even though they were not technically totally disabled. Negligence: JOHN J. MCVANEY v. BAIRD Holm et al 466 N.W.2d 499, 237 Neb. 451 (1991) Attorney malpractice decision, holds that attorney client relationship that establishes duty of attorney to act may be implied from conduct of the parties; there is no strict liability against a gas supplier for explosions, rather the res ipsa loquitur doctrine is inapplicable if specific acts of negligence are alleged or there is direct evidence of the precise cause of the accident. PATTERSON, v.SWARR, MAY, SMITH & ANDERSON 473 N.W.2d 94, 238 Neb. 911(1991) Attorney malpractice action for alleged mishandling of a farm bankruptcy resulted in $1.5 million verdict against bankruptcy attorneys, reversed for no proof of proximate cause. Insurance, Torts: BRAESCH, v.UNION INSURANCE COMPANY 464 N.W.2d 769, 237 Neb. 44 (1991) Establishes possibility in appropriate cases of “first party” bad faith claim against a plaintiff’s own insurance company. Attorneys” SCHREMPP AND SALERNO, v. GROSS, JR et al 529 N.W.2d 764, 247 Neb. 685 (1995) When law partnership dissolved, attorney who completed ongoing personal injury files had to distribute fees in accordance with the partnership’s agreement Premises Negligence: PAMELA CLOONAN v. FOOD-4-LESS 529 N.W.2d 759, 247 Neb. 677 (1995) Slip and Fall negligence lawsuits will fail unless the Plaintiff is able to prove a defendant had constructive notice of a condition, that is visible and apparent and existing for a sufficient length of time to permit a defendant or the defendant's employees to discover and remedy it. Knocks out almost all slip and fall lawsuits unless the Plaintiff can prove the Defendants’ “creating” the dangerous condition