Appeal in road defect lawsuit against CornState dismissed

Malolepszy v. State, 270 Neb. 100 July 1, 2005. No. S-04-667.

An Elkhorn man injured near the spot of the 2001 Seward bus crash on West Dodge Road in Omaha has lost his appeal against the state for filing it prematurely. Motorists injured in highway construction zone sued the Neb.Dept of Roads, which then impleaded construction contractor on highway project. Trial court gave State summary judgment and plaintiffs appealed. NESCT holds that although the plaintiffs initiated their suit only against the § 25-1315(1) (Cum. Supp. 2004) requires, in cases with multiple claims or parties, an explicit adjudication with respect to all claims or parties or, failing such explicit adjudication of all claims or parties, an express determination that there is no just reason for delay of an appeal of an order disposing of less than all claims or parties and an express direction for the entry of judgment as to those adjudicated claims or parties. 28-1315 is comparable to Federal Civil Procedure Rule 54b on notice of appeal in multi-party/claim cases, see discussion here}