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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.
[292 Neb. 515] Cassel, J.
A statute 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
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.
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 ...