Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Estate of Brown-Elliott

Court of Appeals of Nebraska

May 7, 2019

In re Estate of Demariont'e Brown-Elliott, deceased.
v.
Bernard Brown, Sr., appellant. Adrienne Elliott, Special Administrator of the Estate of Demariont'e Brown-Elliott, deceased, appellee,

         1. Decedents' Estates: Appeal and Error. In the absence of an equity question, an appellate court, reviewing probate matters, examines for error appearing on the record made in the county court.

         2. Judgments: Appeal and Error. When reviewing a judgment for errors appearing on the record, an appellate court's inquiry is whether the decsion conforms to the law, is supported by competent evidence, and is neither arbitrary, capricious, nor unreasonable.

         3.__:__. When reviewing questions of law, an appellate court has an obligation to resolve the questions independently of the conclusion reached by the trial court.

         4. Trial: Evidence: Appeal and Error. To constitute reversible error in a civil case, the admission or exclusion of evidence must unfairly prejudice a substantial right of a litigant complaining about such evidence admitted or excluded.

         5. Wrongful Death: Damages. When a judgment for damages results from a wrongful death action, the proceeds shall be paid to the decedent's next of kin in the proportion that the pecuniary loss suffered by each bears to the total pecuniary loss suffered by all such persons.

         6.___: ___. In an action for wrongful death of a child, recoverable damages include parental loss of the child's society, comfort, and companionship.

         7. Wrongful Death: Damages: Words and Phrases. The term "society" embraces a broad range of mutual benefits each family member receives from the others' continued existence, including love, affection, care, attention, companionship, comfort, and protection.

         [27 Neb.App. 197] 8. Appeal and Error. Absent plain error, errors argued but not assigned will not be considered on appeal.

          Appeal from the County Court for Douglas County: Jeffrey L. Marcuzzo, Judge.

          Loretta D. Collins, of Collins Law Office, PC, L.L.O., for appellant.

          James Martin Davis, of Davis Law Office, for appellee.

          Pirtle, Arterburn, and Welch, Judges.

          ARTERBURN, JUDGE.

         INTRODUCTION

         Bernard Brown, Sr., appeals from an order of the county court for Douglas County, which awarded to Adrienne Elliott the entire wrongful death settlement that was recovered following their son's death. On appeal, Brown challenges the county court's determinations related to his relationship and contact with his son who had died and the division of the wrongful death settlement proceeds. Brown also contends that the county court ignored his exclusion from the wrongful death settlement negotiations. For the reasons set forth herein, we affirm the order of the county court.

         BACKGROUND

         Demariont'e Brown-Elliott, the son of Brown and Elliott, died on November 14, 2014, as the result of drowning in the swimming pool at his middle school in Omaha, Nebraska, during physical education class. He was 12 years old at the time.

         On September 24, 2015, Elliott applied to be appointed the special administrator of the estate of Demariont'e, and Brown consented to Elliott's appointment. On September 26, Brown also waived notices of all proceedings except those notices related to distribution of the estate's assets. On November 24, the county court appointed Elliott the special administrator [27 Neb.App. 198] of the estate of Demariont'e. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.