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Conagra Foods, Inc. v. Zimmerman

Supreme Court of Nebraska

May 9, 2014

CONAGRA FOODS, INC., APPELLANT,
v.
RYAN J. ZIMMERMAN, APPELLEE

Page 224

Appeal from the District Court for Douglas County: JAMES T. GLEASON, Judge.

REVERSED AND REMANDED WITH DIRECTIONS.

Heidi A. Guttau-Fox and Christopher R. Hedican, of Baird Holm, L.L.P., for appellant.

Michael J. Wilson, of Schaefer Shapiro, L.L.P., for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, MCCORMACK, and CASSEL, JJ. MILLER-LERMAN, J., not participating. CASSEL, J., dissenting. STEPHAN, J., joins in this dissent.

OPINION

Page 225

[288 Neb. 82] McCormack, J.

NATURE OF CASE

ConAgra Foods, Inc. (ConAgra), appeals the district court's denial of injunctive relief. ConAgra argues that the violent nature of Ryan J. Zimmerman's alleged trespass warrants injunctive relief enjoining Zimmerman from having any contact with ConAgra and its employees and restraining him from ConAgra property.

BACKGROUND

At approximately 5 a.m. on November 10, 2012, a white male drove a vehicle onto ConAgra's main campus in downtown Omaha, Nebraska. The man fired a gun five times at two window washers working

Page 226

on ConAgra property and then drove away.

On November 13, 2012, police arrested Zimmerman for the incident. The two window washers reviewed the photographs from television news reports and the Omaha World-Herald newspaper and positively identified Zimmerman [288 Neb. 83] as the shooter. Zimmerman's estranged wife is a manager at ConAgra.

On November 15, 2012, ConAgra filed its complaint seeking a temporary restraining order, a preliminary injunction, and a 1-year permanent injunction enjoining Zimmerman from having any contact with ConAgra. ConAgra also served a " bar and ban" letter upon Zimmerman.

The district court entered a temporary restraining order. Zimmerman answered the complaint, and a hearing was held on ConAgra's request for permanent injunction.

At the hearing, ConAgra offered 21 exhibits. Exhibits 1 through 6 consisted of three petitions/affidavits for protection orders filed by Zimmerman's estranged wife and the three protection orders granted by the district court. Exhibits 7 and 11 through 14 are printouts containing Zimmerman's criminal history which were obtained from " JUSTICE," Nebraska's online trial court case management system. The exhibits also show that Zimmerman had posted bond for the charges associated with the alleged shooting. The district court sustained Zimmerman's relevancy objections on all of these exhibits.

Exhibit 8 is the " bar and ban" letter sent to Zimmerman by ConAgra. Exhibits 17 and 18 are the affidavits of the window washers, identifying Zimmerman as the shooter. Exhibit 19 is the affidavit from ConAgra security, and exhibit 21 is the complaint ...


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