Wynne v. Menard, Inc.

17 Citing cases

  1. Applied Underwriters v. Pufall

    No. A-18-975 (Neb. Ct. App. Jun. 23, 2020)

    Decisions regarding discovery are directed to the discretion of the trial court, and will be upheld in the absence of an abuse of discretion. Wynne v. Menard, Inc., 299 Neb. 710, 910 N.W.2d 96 (2018). V. ANALYSIS

  2. Murante v. Murante

    No. A-19-362 (Neb. Ct. App. Mar. 24, 2020)

    (a) General Principles Regarding Summary JudgmentA party moving for summary judgment has the burden to show that no genuine issue of material fact exists and must produce sufficient evidence to demonstrate that it is entitled to judgment as a matter of law. Wynne v. Menard, Inc., 299 Neb. 710, 910 N.W.2d 96 (2018). If the movant meets this burden, then the nonmovant must show the existence of a material issue of fact that prevents judgment as a matter of law.

  3. Becher v. Hunt Irrigation, Inc.

    No. A-18-447 (Neb. Ct. App. Jun. 18, 2019)

    Id. at 9. A party moving for summary judgment has the burden to show that no genuine issue of material fact exists and must produce sufficient evidence to demonstrate that it is entitled to judgment as a matter of law. Wynne v. Menard, Inc., 299 Neb. 710, 910 N.W.2d 96 (2018). If the movant meets this burden, then the nonmovant must show the existence of a material issue of fact that prevents judgment as a matter of law.

  4. Bortolotti v. Universal Terrazzo & Tile Co.

    No. A-17-1024 (Neb. Ct. App. Feb. 5, 2019)   Cited 2 times
    In Bortolotti v. Universal Terrazzo and Tile Co., A-17-1024, 2019 WL 446630 (Neb.App. Feb. 5. 2019) (selected for posting to court website) (Bortolotti I), the employee offered into evidence a summary of medical expenses to which the employer did not object.

    On appellate review, the factual findings made by the trial judge of the Workers' Compensation Court have the effect of a jury verdict and will not be disturbed unless clearly wrong. Wynne v. Menard, Inc., 299 Neb. 710, 910 N.W.2d 96 (2018). When testing the sufficiency of the evidence to support findings of fact made by the Workers' Compensation Court trial judge, the evidence must be considered in the light most favorable to the successful party and the successful party will have the benefit of every inference reasonably deducible from the evidence.

  5. Charles E. Lakin Found., Inc. v. Pribil (In re Estate)

    310 Neb. 271 (Neb. 2021)   Cited 17 times

    Bogardi v. Bogardi , 249 Neb. 154, 542 N.W.2d 417 (1996).Wynne v. Menard, Inc. , 299 Neb. 710, 910 N.W.2d 96 (2018) ; Healy v. Langdon , 245 Neb. 1, 511 N.W.2d 498 (1994) ; Schlines v. Ekberg , 172 Neb. 510, 110 N.W.2d 49 (1961).Blankenship v. Omaha P. P. Dist. , 195 Neb. 170, 237 N.W.2d 86 (1976).

  6. Charles E. Lakin Found. v. Pribil (In re Lakin)

    310 Neb. 271 (Neb. 2021)   Cited 1 times

    Bogardi v. Bogardi, 249 Neb. 154, 542 N.W.2d 417 (1996).Wynne v. Menard, Inc., 299 Neb. 710, 910 N.W.2d 96 (2018); Healy v. Langdon, 245 Neb. 1, 511 N.W.2d 498 (1994); Schlines v. Ekberg, 172 Neb. 510, 110 N.W.2d 49 (1961).Blankenship v. Omaha P. P. Dist, 195 Neb. 170, 237 N.W.2d 86 (1976).

  7. Great N. Ins. Co. v. Transit Auth. of Omaha

    308 Neb. 916 (Neb. 2021)   Cited 21 times

    McKinney v. Okoye , 287 Neb. 261, 842 N.W.2d 581 (2014).Wynne v. Menard, Inc. , 299 Neb. 710, 910 N.W.2d 96 (2018).Tedd Bish Farm v. Southwest Fencing Servs. , 291 Neb. 527, 867 N.W.2d 265 (2015).

  8. Williamson v. Bellevue Med. Ctr.

    304 Neb. 312 (Neb. 2019)   Cited 17 times

    It does not resolve the factual issues. Wynne v. Menard, Inc. , 299 Neb. 710, 910 N.W.2d 96 (2018). Where reasonable minds could draw different conclusions from the facts presented, there is a triable issue of material fact.

  9. Cullinane v. Beverly Enters. Neb., Inc.

    300 Neb. 210 (Neb. 2018)   Cited 15 times

    In reviewing a judgment awarded in a bench trial of a law action, an appellate court does not reweigh evidence, but considers the evidence in the light most favorable to the successful party and resolves evidentiary conflicts in favor of the successful party, who is entitled to every reasonable inference deducible from the evidence. See Wynne v. Menard, Inc. , 299 Neb. 710, 910 N.W.2d 96 (2018). See, also, Webb v. American Employers Group , 268 Neb. 473, 684 N.W.2d 33 (2004).

  10. Ronnfeldt Farms, Inc. v. Arp

    32 Neb. App. 490 (Neb. Ct. App. 2023)   Cited 2 times

    , 299 Neb. 710, 910 N.W.2d 96 (2018).