Date: 10-18-2024

Case Style:

Tony Phillip v. Dominium Management Services, LLC

Case Number: 8:23-cv-00023

Judge: Joseph F. Bataillon

Court: United States District Court for the District of Nebraska (Douglas County)

Plaintiff's Attorney:

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Defendant's Attorney: John M. Walker

Description:

Omaha, Nebraska personal injury lawyer represented the Plaintiff.

This case was filed in the District Court, Douglas County, and was removed to federal court by Dominium Management Services LLC

"Dominium is one of the nation’s most innovative affordable housing development and management companies. Dominium is focused on real results and long-term value. The company expects to become the country's pre-eminent developer, owner, and property manager of high-quality, affordable housing." Dominium


Nebraska personal injury law includes the following:

Comparative negligence
Nebraska uses a modified comparative negligence rule, which means that an injured party can recover damages if they are less than 50% at fault for the accident. The injured party's damages are reduced in proportion to their percentage of fault. If the injured party is 50% or more at fault, they cannot recover damages.
At-fault state
Nebraska is an at-fault state, which means that the party responsible for the accident is required to pay damages. For example, if you are rear-ended, you would file a claim against the other driver's insurance.
Statute of limitations
The statute of limitations for personal injury claims can vary depending on several factors, including when the injury occurs, whether the injury is discovered later, and whether there are any tolling provisions. The Discovery Rule allows plaintiffs to start the clock at the time of discovery if the injury is not immediately apparent.
Serious personal injury
A serious personal injury can include cognitive impairments, physical limitations, emotional and behavioral changes, speech and language difficulties, and changes in sensory perception.

Some steps you can take after a personal injury accident include: Seeking medical attention, Documenting the incident, Preserving evidence, and Reporting to authorities.

AI Overview
Learn more…
In Nebraska, premises liability law holds property owners liable for injuries that occur on their property if they fail to keep their premises safe:

Property owner's duty
Property owners have a legal obligation to protect visitors from foreseeable harm. This includes keeping the property in good condition, removing hazards, and warning visitors of any dangers.
Liability
A property owner can be held liable if they fail to meet this duty and a visitor is injured.
Proving negligence
To prove a premises liability claim, a plaintiff must show that:
The property owner owned, leased, or occupied the property
The owner owed a duty to the plaintiff
The property owner breached that duty
The plaintiff was injured as a result of the property owner's negligence
Common hazards
Common hazards that can lead to premises liability claims include:
Wet or slippery floors
Uneven floor surfaces
Spilled food or drinks
Poor lighting
Broken staircases
Cracked or uneven sidewalks
Merchandise left in store aisles

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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