Legal Opinion

Tadros v. City of Omaha

Nebraska Supreme Court

Decided July 13, 2007No. S-05-1538PublishedCited by 15 opinions

1Opinion of the CourtMcCormack, J.

NATURE OF CASE

We are asked to determine whether, under our contributory negligence statutes, 1 a joint tort-feasor defendant’s liability for economic damages is reduced by the amount of a nonparty joint tort-feasor’s settlement with the plaintiff or, instead, by the nonparty’s proportionate share of liability regardless of the settlement amount. Section 25-21,185.11(1) states that in the event of settlement by the claimant with one joint tort-feasor, “[t]he claim of the claimant against other persons shall be reduced by the amount of the released person’s share of the obligation as determined…

2Cases cited9 opinions

  1. Royal Indemnity Co. v. Aetna Casualty & Surety Co.Nebraska Supreme Court · 1975
  2. Fitzgerald v. Union Stock Yards Co.Nebraska Supreme Court · 1911
  3. Vowers & Sons, Inc. v. StrasheimNebraska Supreme Court · 1998
  4. Lackman v. RousselleNebraska Supreme Court · 1999
  5. Maxwell v. MonteyNebraska Supreme Court · 2001

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3Cited by15 opinions

  1. Sherman v. Winco Fireworks, Inc.Court of Appeals for the Eighth Circuit · 2008
  2. Kuhn v. WELLS FARGO BANK OF NEBRASKANebraska Supreme Court · 2009
  3. Fickle v. StateNebraska Supreme Court · 2007
  4. Schmidt v. Heather Ramsey, APRN-CNMCourt of Appeals for the Eighth Circuit · 2017
  5. McClellan v. Board of EqualizationNebraska Supreme Court · 2008

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