Legal Opinion · Dissent

Andreasen v. Gomes

Nebraska Supreme Court

Decided August 27, 1993No. S-90-740, S-90-984Published

1DissentWhite, J.

Although I believe that the Andreasens (at the very least, Mike and Tina) fall squarely within the analytical framework of James v. Lieb, 111 Neb. 47, 375 N.W.2d 109 (1985), and should thus be entitled to recovery, one need not even reach the application of those factors to find fault with the majority *78opinion. Instead, I dissent because the majority has ignored this court’s standard of review on an appeal from a summary judgment.

The decisions of this court are full of examples of the strict standard applied when we review a summary judgment. Summary judgment is to be granted only when the…

2Cases cited9 opinions

  1. Nichols v. BusseNebraska Supreme Court · 1993
  2. James v. LiebNebraska Supreme Court · 1985
  3. Baylor v. TyrrellNebraska Supreme Court · 1964
  4. Sell v. Mary Lanning Memorial Hospital Ass'nNebraska Supreme Court · 1993
  5. State Farm Fire & Casualty Co. v. VictorNebraska Supreme Court · 1989

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API