Newsletter
Omaha Bar Association
Vol. XXXXIII No. 3 AUGUST 2018
Community Service Education Leadership | Stronger Together Since 1875
Attorneys Hit the ‘Field’ for a Day! Champions Awarded, Objections Immediately Filed By Runners-Up
INSIDE Page 2…President’s Message Page 3…Field Day Page 4…Executive Director’s Column Page 5…Field Day Results Page 6 …Moves & Milestones Page 7…Memorial Day Page 8…Fall Kickoff Information Page 9…From the Archives Page 10…OBA Leadership Page 11…YLD Riverboat Cruise Page 12…Law Day Luncheon Page 13…Mock Trial & Online Law Office Space Info Pages 14-16…Civil Jury Verdicts Page 16…Bench Meet Bar Page 17…Presidents Reception Page 18…Barristers Club Page 19…OLPA News Page 20…Calendar
and twitter! omahabarassociation.com
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President’s Message I am humbled and excited to serve as President of the Omaha Bar Association for the coming year. There are many great organizations serving the needs of Omaha’s lawyers, but my involvement in the OBA over the years has convinced me that the OBA has an important place in the Omaha legal community.
This will be a great opportunity for lawyers and judges to sit down and discuss best practices across all courts. We hope to make this event an annual tradition. Our Young Lawyers Division will also be offering a one-hour “Just the Basics” CLE focusing on Immigration Law on September 12 at Corkscrew in the Blackstone District.
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The numbers and trends seen at voluntary Consider joining the OBA Lawyer bar associations across the country are Referral Service. LRS is a public service discouraging. Bar associations are seeing that helps facilitate access to justice by declining membership and decreased connecting members of the public to levels of engagement from their members private practice lawyers across Omaha, nationwide. The OBA has largely bucked but it also provides a service to OBA those trends thanks in large part to our members by screening potential clients, past leaders and our current staff of Dave identifying their areas of need, and Sommers and Donna Birkby. I extend my connecting them with lawyers who can thanks to Anne Marie O’Brien and the rest help them. These clients pay the lawyer of the OBA’s Executive Council for their a $40 fee for the first meeting, but LRS service over the past year to ensure the OBA members are then free to negotiate their continues to thrive. And I also extend my standard rates for any further services they provide after thanks to each of you who have been involved and engaged the initial consultation in recent OBA activities. The OBA has a membership of 1,500 strong and sponsored over 25 different events during Consider joining one or more of the OBA’s 16 the past year, and we think there is still plenty of room for committees. Some committees are more active than growth. others, but there are opportunities for everyone to get involved in the OBA’s programming and services. The OBA provides our community of lawyers many
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opportunities to socialize, serve, learn, and grow our practices. In the months to come, I invite you to become more involved in the OBA through any of our various offerings:
• Attend an OBA social event. The OBA offers
educational and service opportunities, but an equally important purpose is to provide opportunities for lawyers to gather together, to build community and collegiality within the bar, and to provide opportunities for lawyers to connect with one another outside of the courtroom or boardroom. The relationships that are built at these events go a long way in building and maintaining a collegial bar. Our recent Field Day event was well-attended, and our annual Fall Kickoff BBQ on September 6 will be another great opportunity to get to know other OBA members and re-connect with old friends.
It has been said that “community is much more than belonging to something; it’s about doing something together that makes belonging matter.” I encourage you to look for opportunities to help make your OBA membership matter. If you have any ideas for new events or for how we can provide a better platform for member engagement, please don’t hesitate to reach out and share your thoughts. I hope to see you at the next OBA event.
• Take advantage of the OBA’s CLE offerings. In addition to the annual Ethics CLE each April, we will be offering another free two-hour CLE on August 24 at the BenchBar Briefing downtown at the AIM Exchange building.
Pat Cooper
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Field Day 2018
Turn to page 5 for a complete list of winners.
116 golfers, 12 trap shooters, and 8 tennis players enjoyed a fun day in the sun at the annual OBA Field Day. Golf and singles tennis were held at Champions Run, trap shooting at Seymour Smith Park, and tennis doubles as Westside High School. A new golf scramble champion team emerged from the scrum, with Bob Mooney, Mike Whalen, Dan Lenaghan, and Tom Gross took home first prize and the coveted “Champions Belt.” Jon Natvig took home first prize for Trap Shooting, hitting a record 72 out of 50 targets. (Editor’s Note: Jon gave us that stat… we have yet to get independent confirmation of that impossible feat.) Joe Lopez-Wilson battled to regain his spot as top singles player in tennis, and Joe Bradley and Sean Conway sneaked out victory in a rainsoaked doubles match that is still under review.
Past winner Aaron Smeal accepted the Jacket of Shame on behalf of Jerry Slusky.
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Executive Director’s Column Recently I had the chance to attend a seminar with a presenter who is an HR consultant for a number of companies here in Omaha. One thing she said really stood out to me. She said, “The best resource a company has is its people. Don’t take them for granted.” Wise words. I believe the same thing applies to bar associations: Our best resource is our members, and we should never take them for granted. From attending events to volunteering in leadership roles to participating in public service projects, the membership of the Omaha Bar Association is truly our best resource. Thank you for all that you do to make rd this organization strong and thrive in our 143 year of existence. Every mid-summer marks the turning over of the OBA leadership at the highest levels, with members of the Executive Council finishing terms and others just beginning their time in leadership. It’s exciting to work with our new leaders, but it’s also bittersweet to say goodbye to those transitioning off the board. I look forward to working with new OBA President Patrick Cooper, and I want to thank Anne Marie O’Brien for her steadfast leadership over the last year. Thank you to Hon. Brandie Fowler, Hon. Doug Johnson, Larry Roland, and Natasha Preston for your service on the board; it was a pleasure and an honor to have you in leadership. Thank you to Will Acosta-Trejo for his time as Executive Council Member… and congrats on your election to President-Elect of the OBA! Kate McNamara, Dave Koukol, Doug Novotny, and Angela Lennon also are joining the leadership, and I can’t wait to put them to work! st May 1 is nationally recognized as Law Day in the United States, and the OBA held our annual Law Day Lunch st and associated events on May 1 at the Omaha Marriott. Congratulations to Hon. Michael Heavican and the Creighton Law Library for their receipt of the OBA Public Service Awards, and thank you to our featured guest speaker, Hon. William J. Riley, speaking on the Separations of Powers.
A special thank you to our Law Day Committee members: John Menicucci (co-chair), Doug Law (co-chair), Lynda Henningsen, Lorraine Boyd, Larry Roland, Jamie Applegarth, Tom Tilden, Sandi Armstrog, Jean Roeder, Donna Olson, and Ann Miller. This year’s Mock Trial took place in Hon. Michael Nelson’s courtroom, where plaintiff Humpty Dumpty brought suit for damages against The King for negligence related to Mr. Dumpty’s fall off King’s
wall. In the end, a jury of twenty fifth graders found in favor of Mr. Dumpty, represented by Don Kleine, and against The King, represented by Joe Bradley. May also saw our annual Memorial Service, recognizing those among us who have passed in the past year. Thank you to Mike Scahill for chairing the Memorial Service Committee, and to committee members Hon. Stephen Swartz, Stacy Morris, Bob Mooney, Tom Shomaker, Bill Birkel, Nancy Svoboda, Jeanne Burke, Hon. Todd Hutton, Jeanne Burke, Matt Lathrop, and Hon. J. Michael Coffey. Thank you also to Hon. Susan Bazis for being our featured speaker at the service. What a fun-filled summer it’s been at the OBA! In June the Young Lawyers Division st held its 1 Annual Riverboat Cruise, and the event was a great success. Thank you to the new leadership of the YLD for supporting that event. July saw our annual Field Day events, with golf and tennis at Champions Run, and trap shooting at Seymour Smith Park. Thank you to Judge Coffey for hosting and emceeing another year, Kara Stockdale for organizing the trap shoot, and to Jean Roeder, Bonnie Kudron, and Sherry Mitchell for helping with check in. Next year we are adding two Field Day activities: cornhole and ladder golf tournaments. Start practicing now if you want to win the trophies! th As we look towards fall, I’m excited for our 48 Annual Fall Kickoff BBQ on Thursday, September 6 at First National Wealth Management, and another new but going-to-beannual-event, the Bench Bar Briefing on Friday, August th 24 . I hope to see you soon because, as I mentioned at the start, YOU are the OBA’s greatest asset. Sincerely,
Dave Sommers
5 2018 OBA Field Day Golf Results from Champions Run Golf Course
Your Safety.
Our Priority.
ATTENTION ATTORNEYS:
Be proactive - get your clients help before they see the judge! GOLF SCRAMBLE: st 1 Place First Flight: Bob Mooney/Mike Whaley/Dan Lenaghan/Tom Gross (60) (Winners of the Champions Belt) 2nd: Brandon Crainer/Rob Wilkie/Neil Hassler/Steve Hogan (60) 3rd: David Welch/Brad White/Sam Clinch/Jeff Nix (61) Second Flight: 1st: John Atkins/John Borghoff/Jesse Sitz/Mike Schilken (67) 2nd: Geoff Thomas/Ben Pick/Mike Forker/Tony DeLuca (67) 3rd: Kenny Jacobs/Jordan Gaillard/Jamie Hermanson/Laura Neesen (68) Last Second Flight: Clay Rogers/Aaron Smeall /Jerry Slusky/ Wayne Rassumussen (Winners of the Jacket of Shame) (80) Hole Prizes: 1 Longest Putt – Nick Montague 2 Closest in 3 – Torry Garland 3 Closest in 1 (Ladies) – Hon. Stephanie Hansen 4 Closest in 2 – Kate McNamara 5 Closest Chip From Off the Green – Andy Wilson 6 Longest Drive in Fairway – Tom Gross 7 Longest Putt (Ladies) – Kate Putnam 8 Closest in 1 – Cody Miltenberger 9 Closest in 2 – Bob Mooney 10 Closest in 3 – George Summerlin 11 Longest Putt – Warren Whitted 12 Closest in 1 – Brandon Crainer 13 Longest Drive in Fairway (Ladies) – Hon. Marci Keim 13 Best Shot by a Player over 90 Years Old – Hon. Lyle Strom 14 Closest in 2 – Rob Wilkie 15 Closest in 2 – Dave Welch 16 Closest in 1 – Hon. Larry Barrett 17 Longest Putt (Ladies) – Connie Roseberry 18 Longest Drive in Fairway – Steve Hogan
National Safety Council, Nebraska programs are used by the Douglas County Court and approved by the state of Nebraska Probation Department for diversion and probation. PROBATION OPPORTUNITIES DUI First Offender Program (English & Spanish) 10 hours, two 3 1/2 hour sessions 6pm-9:30pm and one 3 hour session 6pm-9pm..............................Tuition: $169 Includes Victim Impact Panel.
DIVERSION OPPORTUNITIES Alcohol Education/Minor in Possession (English & Spanish) 8 hours, one session, 8am-5pm ...................................Tuition: $79
Adult Anger Management 9 hours, three sessions, 6pm-9pm ..............................Tuition: $119 Spanish Adult Anger Management (call for details)
Juvenile/Teen Anger Management 9 hours, three sessions, 6pm-9pm ...............................Tuition: $79
Appropriate Decision Making for Adults 8 hours, one session, 8am-5pm ...................................Tuition: $99 Spanish Decision Making for Adults (call for details)
Appropriate Decision Making for Teens 8 hours, one session 8am-4pm or two sessions 6pm-10pm ..........................................Tuition: $79
TRAFFIC TICKET DISMISSAL PROGRAMS 4-Hour Defensive Driving (STOP) 8-Hour Defensive Driving (STAR/ADD) 11620 M Circle, Omaha, NE 68137 402-898-7361 • Fax 402-896-6331
www.SafeNebraska.org
TENNIS: Singles Champion: Joe Lopez-Wilson TRAP SHOOT: Champion out of 50 Clays: Jon Natvig
We appreciate your Membership!
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ON THE MOVE
MILESTONES
Marks Clare welcomes Allison Heimes and Jeff Welch; Governor Ricketts appoints Chad Brown to the Separate Juvenile Court of Douglas County and John Freudenberg to the Nebraska Supreme Court; Megan Spomer joins Nebraska Legal Group; Allison Hardy joins the Gemini Companies as Senior Legal Counsel; Jodie McGill takes on role as Director of the Nebraska Collaborative Divorce Center; Legal Aid of Nebraska welcomes Zach Anderson; Josh Erlandson has joined Northern Natural Gas; Luke Paladino moves to NBC Trust; Andrew Sagartz named Interim Director of the MCC Paralegal and Legal Studies Program; Koley Jessen welcomes Anthony DeLuca and Eric Buske to the firm; Dornan Law Team welcomes Kate Rahel, Dean Klein, and Steve Karcher as associates, Vic LaPuma and Shawn Ilg as Of Counsel; Kevin Tracy and Mark Goldsmith have joined Baird Holm; TW Huntington has joined Kutak Rock; McGrath North welcomes Caroline Nelsen; Nick Montague and Robert Kardell join Goosmann Law; and Joseph Borghoff joins Security National Bank as Trust Officer.
Natalie Blanke has been promoted to Senior Counsel at Senior Market Sales; Sarah Macdissi promoted to Senior Counsel at Lamson Dugan & Murray; Jonathan Grob at McGrath North selected as Fellow of the American College of Trust and Estates Counsel; Bob Freeman was inducted into the Commercial Real Estate Hall of Fame; Tracy HightowerHenne has been selected for the board of directors for Planned Parenthood of Nebraska; Elder Law of Omaha has been honored by the Greater Omaha Chamber of Commerce as its 2017 Small Business of the Year; Tyler Block has been promoted to partner at Larson Kuper Wenninghoff; Ryan Sevcik is part of the 11th Leadership Nebraska class of the Nebraska Chamber of Commerce; Jackson Lewis’ Omaha office had three attorneys recognized in the Legal 500 in the area of labor and employment: Randal Limbeck, Amy Peck, and Chad Richter; and lastly (but certainly not least), the OBA wants to congratulate Hannah Sommers joining the Board of Legal Aid of Nebraska. Congratulations to Laura Essay, Brian Koenig, Angela Lennon, Autumn Noble and Jill Stigge for being named to Leadership Omaha’s “Class 41.” Lorraine Boyd and Lynda Henningsen of The Daily Record were presented with OBA Star Awards for their contributions to the association. The first time Stars were awarded were by thenPresident Doug Johnson to Dave Sommers and Donna Birkby. Jean Roeder, longtime volunteer at OBA events, received her Star at last October’s dinner celebration for Judges Strom and Riley.
www.omahabarassociation.com
Editor’s Note: Did we miss an announcement you wanted made? If so, the OBA is happy to include it in our next OBA Newsletter edition. To add an announcement, simply email the details to Dave Sommers at dave@omahabarassociation.com.
7 Annual OBA Memorial Service th
On Friday, May 4 , the Omaha Bar Association held its annual Memorial Service, recognizing those attorneys who have passed in the last year. The service was held at the Douglas County Legislative Chambers, and the Honorable Susan Bazis was the speaker. Members of the judiciary from all levels were in attendance. Families for the departed attorneys were invited to attend, and Tom Shomaker sang a song in tribute. The OBA is shocked and saddened by the sudden passing of Hon. Mark Ashford. We join the community in mourning his loss. Judge Ashford will be honored at next May’s OBA Memorial Service.
If you are aware of anyone within the Nebraska legal community (lawyers, law office personnel, judges, courthouse employees or law students) who suffers a sudden, catastrophic loss due to an unexpected event, illness or injury, the NSBA’s SOLACE Program can likely assist that person in some meaningful way. Contact Mike Kinney at mkinney@ctagd.com and/or Liz Neeley at lneeley@nebar.com.
8 E AT D HE th T E 48 Annual SAV
Fall Kickoff BBQ
Thursday, September 6 at First National Wealth Management
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There is never a charge for initial consultations.
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From the Archives
Oliver B. Pollak recently shared a picture of this envelope with the OBA. Sent by the Douglas County Clerk of the District Court in 1893, the envelope gives a great rendition of the second Douglas County Courthouse, which stood from 1885 until 1908. Pollak, a 1982 Creighton Law grad he practiced law in Omaha from 1982 until 2016 when he retired to Richmond, California. He is an emeritus history professor at the University of Nebraska at Omaha where he taught for 38 years. He is the author of eleven books including To Educate and Serve: The Centennial History of Creighton University School of Law, 1904-2004 (Durham, NC:
Carolina Academic Press, 2007), and Nebraska’s Courthouses: Conflict, Compromise and Community (Chicago: Arcadia Publishers, 2002). His most recent book, Welcome to Omaha, appeared this year and is available at bookstores, and perhaps hardware, drug, or big box store near you. Don’t resist the impulse buy.
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OBA LEADERSHIP 2018-2019 Patrick Cooper Fraser Stryker
Patrick is the 20182019 President of the Omaha Bar Association. He previously served in OBA leadership as the Secretary, and as a three year term as Treasurer. Patrick is a partner at Fraser Stryker, an avid Creighton Bluejay basketball fan, and former law clerk to past OBA President Hon. Lyle E. Strom. Our bar leader has helped coach state and national champion Mock Trial teams from local Omaha high schools. Will Acosta-Trejo City of Omaha
Will is the President-Elect of the OBA, set to serve as president in 2019-2020. Will has previously served two “tours of duty” on the OBA Executive Council as Board Member. Will has helped co-chair the Walk Through the Courts Program for newly admitted attorneys for many years, and is a regular at most every OBA function. Will also serves as a Staff Judge Advocate for the Iowa Air National Guard. Dave Koukol, Koukol & Johnson Dave has been a longtime fixture of the Omaha Bar Association, guiding newly admitted attorneys through the courthouse during the Walk Through the Courts program for over 20 years, and being a steadfast
member of the OBA’s Lawyer Referral Service. Dave is the Treasurer-Elect of the OBA, and will take over duties of OBA Treasurer in July 2019. Angela Lennon Koenig Dunne
You may recognize Angela as the outgoing Chair of the OBA’s Young Lawyers Division. Angela will serve on OBA’s Executive Council from 2018-2021. Angela is a partner at Koenig Dunne, and when not working enjoys spending time with her new daughter Olivia, her husband Dan, and their dog, Bella. Doug Novotny Novotny Law Office
Doug is also an incoming member of the OBA’s Executive Council. Doug has served as Co-Chair of the OBA Lawyer Referral Service Committee, and is a longtime member of the OBA Lawyer Referral Service. Doug’s primary area of practice is Employment Law. Kate McNamara Fraser Stryker
Kate is the Secretary of the OBA for 20182019. Prior to her current position with Fraser Stryker, Kate was a prosecutor in Western Iowa and before that was prosecutor
in Nassau County, New York. Embracing the role of leader, Kate also is the current president of the Academy of Young Professionals in Omaha, a new and dynamic group connecting professionals across fields and industries.
OBA Young Lawyers Division New Leaders: Katie French, Lamson Dugan & Murray (Chair)
Josh Woolf, Engles Ketcham Olson & Keith (Vice-Chair) Steve Hogan, Fraser Stryker (Secretary)
Emily Weiss, McGinn Law Firm (Treasurer) Mallory Hughes, Dornan Law Team (Education Chair)
Lindsay Belmont, Koenig Dunne (Public Service Chair) Sean Nakamoto, Baird Holm (Social Chair)
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YLD Launches Riverboat Cruise Annual Event The OBA Young Lawyers Division started a new social outing annual event, hosting a Riverboat Cruise on the Missouri River on Wednesday, June 6th. A happy
hour was anchored on the Kon Tiki Oh at the North end of the Lewis and Clark Landing, and then shoved off for a 90 minute cruise of the Big Muddy on the
River City Star riverboat. Severe weather held off, and fun was had by all on this relaxing social event.
A special thank-you to our event sponsors: Tabor Law, Jacobs Alexander Law, Inspro Insurance and McNamara Law Firm.
Jack Horgan, ACI Worldwide (Board Member)
Abby Johnson, Engles Ketcham Olson & Keith (Board Member) Michael Sholes, Cline Williams (Board Member)
Shannon McCoy, Lamson Dugan & Murray (Board Member)
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Law Day 2018 in the Books
The 2018 Law Day Luncheon was well-attended by attorneys, judges, legal assistants, and family and friends of the honorees.
OBA Members The OBA Lawyer Referral Service is seeking additional attorneys in the following practice areas: Federal Worker’s Compensation Federal and General Employment Law School Law Municipal Law Administrative Law Foreclosure Veterans Affairs
Please call Donna at (402)280-3606 for more details.
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Mock Trial Shows 4th Graders How the System Works
The Hon. Michael Nelson presided over this year’s Mock Trial. Plaintiff Humpty Dumpty brought suit for damages against Sherman King for negligence related to Mr. Dumpty’s fall off King’s wall. In the end, a jury of twenty fourth graders found in favor of Mr. Dumpty, represented by Don Kleine, and against Mr. King, represented by Joe Bradley. Nearly 100 students from Fire Ridge Elementary in Elkhorn took part. Cast members from the Rose Theater played the non-lawyer roles.
ONLINE LAW OFFICE SPACE MESSAGE BOARD New This Fall: Law Offi ce Space Message Board for those with spac e and those looking for space It has recently com e to the attention of the OBA that there are a large number of attorney s in Omaha either looking for office space, or, in the alternative, lookin g to lease out extra office space. To he lp connect these two groups of peop le, the OBA will start a real-time lis ting of office space available for lease, and also a listing of
ain those looking office space at a cert n. tow of a are price point in a specific le ilab ava e The listings will be mad will and , site through the OBA web to the afford some level of anonymity ng givi e tim e posters, while at the sam of s cific spe the helpful information on for. ked loo what is being leased or king If you are looking for space or loo e Dav il ema se to lease out space, plea at Sommers for dave@omahabarassociation.com . tion more informa
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Civil Jury Verdicts DOUGLAS COUNTY DISTRICT COURT Jury Verdicts April 2018 – June 2018 Compiled by Dave Sommers
DOUGLAS COUNTY DISTRICT COURT Civil Jury Verdicts April — June 2018 Compiled by Dave Sommers April 2018 CI 15-7746:
Jose Motalvo v. K & J Trucking and Joseph Lee Gerry Judge: Hon. Thomas Otepka Plaintiff’s Attorney: Greg Thomas Defendant’s Attorney: Stephen Gealy (Lincoln) Case Type: Negligence - Vehicular Special Damages: None specified Verdict: For Defendant Remarks: Plaintiff was driving Northbound on Highway 75 at the Storz Expressway exit. Defendant was driving Northbound in a semi owned by Koch Industries on Highway 75 at the Storz exit. Upon turning right on the exit, Defendant ran into Plaintiff, causing significant injuries, with medical bills over $115,000. Case was heard in front of a jury in October 2017. Jury found for defendants. Appeal dismissed by NECA in April 2018.
CI 14-6467:
Carl Bank v. Jason Mickels, MD Judge: Hon. Thomas Otepka Plaintiff’s Attorney: Jason Bruno Defendant’s Attorney: Bill Lamson Case Type: Negligence - Malpractice Special Damages: None specified Verdict: For Defendant Remarks: Plaintiff Bank brought case against Defendant Dr. Mickels and his his medical practice Omaha Orthopedic Clinic and Sports Medicine. Plaintiff saw Defendant for treatment on shoulder. Local anesthetic was applied by an injection, and a manipulation procedure was performed. No follow up meeting was scheduled. Plaintiff claimed that the manipulation caused a fracture in his shoulder, and further, that along with using an unsterile needle caused permanent damage and significant medical bills. Case was heard in front of a jury in December 2017, motion for new trial denied April 2018, request for appeal submitted April 2018.
CI 16-10123:
Linda Wilson v. Marilyn Goetzinger Judge: Hon. Timothy Burns Plaintiff’s Attorneys: Terrence Salerno, Danny Leavitt Defendant’s Attorney: Sarah Dempsey Case Type: Negligence - Vehicular Special Damages: None specified Verdict: $8,800 for Plaintiff Remarks: Trial was held in February 2018. Plaintiff driving southbound on 122nd Avenue, Defendant driving eastbound along Center Street. Defendant drove through red light, running into Plaintiff. Medical bills for Plaintiff at the time of the Complaint was over $4,000. After 3 day trial, jury returned verdict for Plaintiff.
CI 15-10742:
Austin Fox v. Christy Grant Judge: Hon. W. Russell Bowie
Editor’s Note: Every effort is made to ensure accuracy. However, if you note an error in your case, please notify the OBA office.
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Plaintiff’s Attorneys:
Defendant’s Attorney:
Brandon Crainer, David Mullin
Jane Hansen (Des Moines – American Family Insurance)
Case Type: Negligence - Vehicular Special Damages: None specified Verdict: For Defendant Remarks: Trial was held in September 2017. Defendant turned a corner a block away from Cleveland Elementary School, and ran over student/minor Plaintiff, injuring his legs. Jury in deliberations asked if there was a police report pertaining to the incident that they could look at, but were denied and sided with the Defendant since the Plaintiff hadn’t proven that Defendant had been negligent in her driving.
June 2018 CI 14-9745:
Montgomery v. Catholic Health Initiative Judge: Hon. Leigh Ann Retelsdorf Plaintiff’s Attorneys: Patrick Cullan & Joseph Cullan Defendants’ Attorneys: Dave Ernst & Lisa Meyer (CHI), Tom Shomaker, Eva Jessen, & Mary Schott (Midwest Surgical & Dr. White) Case Type: Negligence – Medical Malpractice Special Damages: $20,000 – Loss of Consortium; $505,000 – Survivorship; $2,840,000 – Wrongful Death Verdict: $3,365,000 for Plaintiff Remarks: Barbara Montgomery consulted with Dr. White of Midwest Surgical Associates about gastric bypass surgery in December 2012. Dr. White performed the surgery at Immanuel Medical Center on December 17, 2012. Ms. Montgomery was discharged from the hospital on December 21, 2012. On December 26, Ms. Montgomery experienced cardiac arrest and anoxic brain injury. She was hospitalized until her death on March 24, 2013. 7 day trial, with approximately 1 day of jury deliberations. Hearing scheduled for August 21 to hear all issues related to the jury judgement entered by the court.
CI 15-9263:
Pantano v. American Blue Ribbon Holdings Judge: Hon. Peter Bataillon Plaintiff’s Attorneys: Minja Herian, John Lingelbach, Peter Leo Defendant’s Attorneys: Greg Schreiber and Stephen Olson II Case Type: Negligence – Other Special Damages: None Verdict: $195,000 for Plaintiff Remarks: Plaintiffs were visiting Village Inn at 78th and Dodge St. Plaintiff Arlene Pantano tripped on rug placed inside the front door, falling and breaking her hip. While waiting for medical assistance, employee at Village Inn mentioned she had tripped over the rug twice earlier that day. Plaintiffs passed away in 2016, and estates were substituted as parties. For the Estate of Arlene Pantano, the verdict was for $245,000.00 and for the Estate of Anthony Pantano, the verdict was $15,000.00. The Jury also found that the Plaintiff, Arlene Pantano, was 25% negligent.
CI 15-10235:
Nicole Stackpole v. Samuel Medaris, M.D. Judge: Hon. Marlon Polk Plaintiff’s Attorney: Daniel Welch and Damien Wright Defendant’s Attorney: Mark Novotny Case Type: Negligence - Malpractice Special Damages: None Verdict: For Defendant Remarks: Defendant performed thyroidectomy on Plaintiff in December 2013. Plaintiff alleges negligence by Defendant allegedly removing thymus gland rather than thyroid, and ripping a branch vein of the jugular vein, causing a blood clotting condition for the Plaintiff.
CI 15-3229:
Amanda Orr v. Marie Montag, M.D. Judge: Hon. Russell Bowie Plaintiff’s Attorney: Richard Schicker Defendant’s Attorney: David Ernst Case Type: Negligence - Malpractice Special Damages: None Verdict: For Defendant Remarks: Plaintiff engaged Defendant to perform a breast lift and areola repair. Plaintiff alleges that Defendant failed to properly inform her about where incisions would be made, and the location of the eventual scarring, the likely size of the the scarring. Plaintiff further alleges that Defendant should have known to use a different method for the surgery to limit scarring. CONTINUED ON PAGE 16
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Bench Meet Bar, Bar Meet Bench After a 4 year hiatus, the OBA is bringing back the Bench th Bar meeting on Friday, August 24 . The 2014 OBA Bench Bar Conference was very ambitious, with an all-day agenda and multiple sessions at the same time. For 2018 and into the future, we are simplifying the format to ensure success.
takeaways for your law practice. The Bench Bar Briefing looks to give greater transparency to what is expected of attorneys in the courtroom setting—thus helping improve the quality of legal advocacy provided by local counsel— and foster an open dialogue and constructive dialogue between members of the judiciary and practicing bar of attorneys in the Omaha area.
The “Bench Bar Briefing” will be one two-hour session with a large panel of judges from all levels of courts in Nebraska. Each judge will have approximately 15 minutes to discuss best practice tips in their respective court, and in courts of their colleagues. The discussion will be moderated, and attendees will have an opportunity to submit questions regarding practice to the judges in advance of the seminar.
The CLE is FREE for OBA members, and $50 for Nonmembers. If you can’t make the CLE in person, an online viewing option will be made available as well. Members of the judiciary will be on hand from Douglas County Court, Douglas County District Court, Sarpy County and District Courts, Nebraska Court of Appeals, and the U.S. Federal District and Magistrate Courts.
Whether you’re a seasoned practitioner, a newer attorney, or More information and registration at www. somewhere in between, this Bench Bar is designed to have omahabarassociation.com.
CIVIL JURY VERDICTS CONTINUED FROM PAGE 15
CI 17-1050:
Marbella Diaz v. American Family Insurance Judge: Hon. Marlon Polk Plaintiff’s Attorney: Robert Knowles Defendant’s Attorney: Joel Nelson (Lincoln) Case Type: Negligence - Vehicular Special Damages: None Verdict: $143,188.90 for Plaintiff, reduced to $43,188.90 due to previous payments made of $100,000. Because jury award was greater than Defendant’s offer of $25,000, a hearing will be held to determine attorneys fees and costs to be awarded to Plaintiff. Remarks: Plaintiff’s vehicle was struck from behind by an uninsured motorist on 192nd Street in the northbound thru lane, while stopped behind many vehicles. Plaintiff’s insurance through Defendant had $100,000 uninsured motorist coverage. Plaintiff provided Defendant bills of more than $100,000 in medical and property expenses. Defendant offered Plaintiff $25,000 in a settlement. Plaintiff rejected the settlement and brought the lawsuit, citing bad faith by insurer.
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OBA Presidents Reception On Monday, June 11, outgoing OBA President Anne Marie O’Brien hosted past OBA presidents, members of the Executive Council, and their significant others at a cookout at her house. Heavy rain and tornado watches kept the party indoors, but
didn’t dampen spirits, as past and present OBA leaders enjoyed an evening of stories and food. The evening ended with Ms. O’Brien (unofficially) passing the president’s gavel to Patrick Cooper, whose term as OBA president started July 1.
L-R: Front row: Amy Longo, J. Terry Macnamara, Gerald Friedrichsen; Back row: Stu Dornan, Anne Marie O’Brien, Denise Hill, Craig Martin, Woody Bradford and new President Patrick Cooper.
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Omaha Barristers Club Omaha Barristers Club Selects New President, Holds Steak Fry and Softball Game Douglas County Public Defender John Cavanaugh has assumed the role of President of the Omaha Barristers Club; taking the gavel from immediate past president Marcus Sladek. On Thursday, July 27th, the Barristers and The Daily Record held their annual Steak Fry at the Elmwood Park Pavilion. On Thursday, August 9th, the Barristers will try to take the golden 40
trophy back from the Douglas County Attorney’s Office and their captain, Don Kleine. Kleine has been spotted in the courthouse stairwells with a stopwatch and a whistle, barking out orders at his staff, in an attempt to get his team in shape. Meanwhile Mr. Cavanaugh was last seen buying a candle of St. Jude the Apostle, patron saint of desperate cases and lost causes.
John Cavanaugh spreads out the dying coals while outgoing president Marcus Sladek douses them.
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OMAHA LEGAL PROFESSIONALS ASSN. By Nadine Ostrow, President The Omaha Legal Professionals Association began its summer with a great tour of Project Harmony which was very informative and interesting. Project Harmony opened their doors in 1996 was borne from the vision of several Omaha professionals and advocates who desired to create a childfriendly location with an integrated response system where no abused or neglected child would fall through the cracks. The month before our tour of Project Harmony, we welcomed our May general meeting speaker, Patrick Mack of Hennessy & Roach, P.C., an attorney who spoke on Nebraska Workers’ Compensation at Regency Lodge. As you can see by just these two examples alone, the Omaha Legal Professionals Association offers our members quality programs on a variety of issues. In addition, through our state organization, the Nebraska Legal Professionals Association, we also offer
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professional programs at our fall and spring seminars and our annual convention in April. By the time you read this, we will also have held our summer social, on June 16, which includes a tour of Joslyn Art Museum, along with lunch in the museum Café Durham. Over the years, OLPA’s Summer Activity event has been held in a variety of places and is always fun. The camaraderie that is built among members at events like these is a valuable and important part of our association. We are also looking forward to the upcoming Nebraska Legal Professionals Association’s (NLPA) fall seminar. The event is being held in Omaha this year, Saturday, October 13, 2017 at the Harper Center at Creighton University. As a chapter of NLPA, OLPA is proud to be hosting this year’s event. The theme this year is “Bridging the Gap, Breaking the Stigma.” Featured topics will focus on mental health awareness and the justice system. There will also be a breakout session on “Situational Awareness” and individual protection measures. I have seen many friendships that are a direct result of membership in OLPA that have been going strong for 20 years. They support each other personally and professionally. They cheer each other on and are there to help if needed. That support is especially noticeable in our commitment to mentor those that have chosen to start a career in the legal field. It is so rewarding to see a young person advance in their career and to see a once shy person chairing a committee or becoming an officer of an organization. That is part of what a membership in OLPA is all about – offering those growth opportunities.
For more information on the Omaha Legal Professionals Association, please visit our website at www.nebraskalegalprofessonals.org/OLPA. Thank you.
Omaha Bar Association
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NEWSLETTER
Omaha Bar Association 2133 California Street Omaha, Nebraska 68178
Omaha Bar Association Newsletter
CALENDAR
Managing Editors:
August
Stephen M. Bruckner David Riley Dave Sommers
9 Thursday
Barristers Club Softball Game Dill Field
24 Friday
Bench Bar Briefing CLE AIM Exchange Building
Patrick Cooper Nadine Ostrow Dave Sommers
6 Thursday
48th Annual Fall Kickoff BBQ First National Wealth Management
Photographers:
7 Friday Sarpy County Bar Association Golf Tournament Eagle Hills Golf Course
Contributing Reporters:
Donna Birkby, Lorraine Boyd, and Dave Sommers Some photos courtesy of The Daily Record & Marilyn Stockdale
September
Just the Basics CLE Immigration Law Corkscrew Wine & Cheese (Blackstone)
Lorraine Boyd, Avant Garde Publications
12 Wednesday 21 Friday October
Printed by:
1 Monday
Walk through the Courts
Elman & Co.
2 Tuesday Membership Dinner Welcoming New Attorneys Field Club of Omaha 3 Wednesday Red Mass at St. John’s Church Please check the calendar on the OBA’s Website for more details on upcoming scheduled events.
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Legal Aid of Nebraska Golf Tournament Eagle Hills Golf Course