Saturday, December 08, 2007
Nebraska motor vehicle accident guest statute § 25-21,237 (Reissue 1995) applies in action filed in district court between Nebraska residents even though accident occurred in Colorado where no guest statute applied. Heinze v. Heinze, S-06-722, 274 Neb. 595. The Nebraska Supreme Court rejects married plaintiff's contention that the district court should have allowed his action against his wife for injuries arising from an automobile accident they had in Colorado. The Supreme Court, per Justice Wright holds that Nebraska law, including Nebraska's guest statute (§ 25-21,237 (Reissue 1995)) would apply to the action husband-plaintiff filed against his wife in York County, their domicile. Justice Gerrard puts his two cents worth in,his concurring opinion, reminding the plaintiff that his attorneys should have raised one of Gerrard's pet constitutional issues, that § 25-21,237 is unconstitutional. See Le v. Lautrup, 271 Neb. 931, 716 N.W.2d 713 (2006) (Gerrard, J., dissenting). Too bad Justice Gerrard says, the plaintiff's lawyers failed to raise the constitutional issue.