Legal Opinion · Dissent

Kramer v. DeNoyer

Nebraska Supreme Court

Decided May 29, 1992No. S-91-547Published

1DissentBoslaugh, J.

I dissent from that part of the majority opinion which holds that whenever an employee is transported from an exempt employment situation to a covered employment site in *810employer-controlled or employer-supplied transportation, an injury during that journey always automatically arises out of and in the course of the covered employment.

The majority opinion concludes that because the plaintiff had completed his duties at the farm, which was not covered employment, and was in the process of returning to his duties at the service station, which was covered employment, his injury was covered under…

2Cases cited4 opinions

  1. Solheim v. Hastings Housing Co.Nebraska Supreme Court · 1949
  2. Luke v. St. Paul Mercury Indemnity Co.Nebraska Supreme Court · 1941
  3. Gibb v. Highway G.M.C. Sales & Service Corp.Nebraska Supreme Court · 1964
  4. McDuffee v. SEILER SURGICAL COMPANYNebraska Supreme Court · 1961

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