Rebecca G. Addy, Personal Representative of the Estate of Raven J. Addy-Cruz, deceased, appellant.
Carlos J. Lopez et al., appellees.
Jurisdiction: Final Orders: Appeal and
Error. An appellate court is without jurisdiction to
entertain appeals from nonfinal orders.
Judgments: Jurisdiction: Appeal and Error. A
jurisdictional issue that does not involve a factual dispute
presents a question of law, which an appellate court
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.
from the District Court for Lancaster County: Robert R. Otte,
A. Schroeder, of Ross, Schroeder & George, L.L.C., for
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.
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.
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
G. Addy, the personal representative of
Addy-Cruz:estate, filed a wrongful death suit
against Carman; Carlos J. Lopez, owner of Lopez Trucking; and