Tompkins v. Raines

John Tompkins, Jr., first brought an action in the Nebraska Workers’ Compensation Court seeking compensation for personal injuries. A three-judge rehearing panel of the compensation court eventually dismissed his case. While that action was pending in the compensation court, Tompkins filed a petition in Douglas County District Court seeking damages for the same injuries. The district court granted summary judgment against Tompkins, and he appeals.

SCOPE OF REVIEW

In appellate review of a summary judgment, the court views the evidence in a light most favorable to the party against whom the…