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Addy v. Lopez

Supreme Court of Nebraska

January 27, 2017

Rebecca G. Addy, Personal Representative of the Estate of Raven J. Addy-Cruz, deceased, appellant.
v.
Carlos J. Lopez et al., appellees.

         1. Jurisdiction: Final Orders: Appeal and Error. An appellate court is without jurisdiction to entertain appeals from nonfinal orders.

         2. Judgments: Jurisdiction: Appeal and Error. A jurisdictional issue that does not involve a factual dispute presents a question of law, which an appellate court independently decides.

         3. Final Orders: Appeal and Error. A party cannot move to voluntarily dismiss a case without prejudice, consent to entry of such an order, and then seek interlocutory appellate review of an adverse pretrial order.

         Appeal from the District Court for Lancaster County: Robert R. Otte, Judge.

         Appeal dismissed.

          Kent A. Schroeder, of Ross, Schroeder & George, L.L.C., for appellant.

          Robert S. Keith, of Engles, Ketcham, Olson & Keith, P.C.. for appellee Werner Construction, Inc.

          Heavican, C.J., Wright, Miller-Lerman, Cassel, Stacy, Kelch, and Funke, JJ.

          Heavican, C.J.

         INTRODUCTION

         Raven J. Addy-Cruz was killed in an automobile accident caused by Lyle J. Carman. Carman was employed by Lopez Trucking. Lopez Trucking, in turn, had been hired by Werner [295 Neb. 636] Construction, Inc. (Werner), to haul debris from a construction site. At issue in this appeal is whether Werner is liable for wrongful death, because Carman was working on a Werner jobsite prior to the accident. We dismiss for lack of a final, appealable order.

         BACKGROUND

         Addy-Cruz was the victim of an automobile accident on June 7, 2012. She died of her injuries on June 9. The accident was caused when a dump truck driven by Carman rear-ended the vehicle driven by Addy-Cruz, causing it to leave the roadway and overturn in a ditch. Carman was employed by Lopez Trucking and acting within the scope of that employment at the time of the accident.

         Rebecca G. Addy, the personal representative of Addy-Cruz:estate, filed a wrongful death suit against Carman; Carlos J. Lopez, owner of Lopez Trucking; and ...


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