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State v. Irish

Supreme Court of Nebraska

January 15, 2016

STATE OF NEBRASKA, APPELLEE,
v.
BRYANT L. IRISH, APPELLANT

Page 162

[Copyrighted Material Omitted]

Page 163

Appeal from the District Court for Madison County: MARK A. JOHNSON, Judge.

Alan G. Stoler, P.C., L.L.O., for appellant.

Douglas J. Peterson, Attorney General, and Stacy M. Foust for appellee.

WRIGHT, CONNNNOLLY, MILLER-LERMAN, CASSEL, and STACY, JJ. HEAVICAN, C.J., and McCORMACK, J., not participating.

OPINION

Page 164

[292 Neb. 515] Cassel, J.

INTRODUCTION

A statute[1] criminalizes the act of proximately causing serious bodily injury to another while driving under the influence of alcohol. Because " but for" causation is a component of proximate causation, the State had to prove that but for the defendant's act of driving while under the influence of alcohol, the serious bodily injury would not have occurred. The State did so. And because the injury was a direct

Page 165

and natural result of the defendant's act of driving while under the influence and there was no efficient intervening cause, the evidence supports the conviction.

BACKGROUND

At approximately 12:55 a.m. on February 9, 2014, Bryant L. Irish and his passenger were involved in a one-vehicle rollover accident. Irish's passenger suffered head injuries after being ejected from the vehicle, a pickup truck. The State charged Irish with driving under the influence of ...


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