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Wisniewski v. Heartland Towing, Inc.

Supreme Court of Nebraska

February 28, 2014

VICTORIA A. WISNIEWSKI, APPELLANT,
v.
HEARTLAND TOWING, INC., ET AL., DEFENDANTS AND THIRD-PARTY PLAINTIFFS, APPELLEES, AND LYMAN-RICHEY CORPORATION, DOING BUSINESS AS READY MIXED CONCRETE COMPANY, A DELAWARE CORPORATION, ET AL., THIRD-PARTY DEFENDANTS, APPELLEES

Appeal from the District Court for Douglas County: W. MARK ASHFORD, Judge.

Page 49

Robert S. Sherrets and James D. Sherrets, of Sherrets, Bruno & Vogt, L.L.C., for appellant.

Christopher P. Welsh, of Welsh & Welsh, P.C., L.L.O., Pro se.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, MCCORMACK, and CASSEL, JJ. MILLER-LERMAN, J., participating on briefs.

OPINION

[287 Neb. 549] Heavican, C.J.

INTRODUCTION

Christopher P. Welsh of Welsh & Welsh, P.C., L.L.O., represented appellant Veronica A. Wisniewski in a negligence suit against Heartland Towing, Inc. After judgment was entered against Heartland Towing, Welsh orally motioned to be paid attorney fees and costs from the judgment. The district court granted the motion. Wisniewski appeals. We dismiss.

BACKGROUND

Wisniewski was injured in a multiple vehicle accident on June 9, 2006. Wisniewski braked to avoid hitting another vehicle and was struck from behind by a tow truck operated by Billy Pipkin and

Page 50

owned by Heartland Towing. On June 5, 2007, Wisniewski retained Welsh to represent her in a lawsuit against Pipkin and Heartland Towing. Wisniewski and Welsh entered into a contingency fee contract. After a jury trial, the court entered a judgment of $35,006.23 in favor of Wisniewski on June 6, 2012.

On October 12, 2012, Wisniewski, represented by new counsel, filed a legal malpractice suit against Welsh alleging that Welsh failed to adequately represent Wisniewski's claims arising out of the June 2006 automobile accident.

On January 23, 2013, Welsh made an oral motion for payment of attorney fees and costs in this, the underlying negligence lawsuit. The district court granted the motion and authorized the clerk of the district court to distribute $11,085.29 in ...


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