 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Henery v. City of Omaha4/12/2002
ributory negligence or assumption of the risk are defenses to a cause of action under § 13-911, such language is disapproved.
Henderson's Cross-Appeal.
As noted above, Henderson filed a separate notice of appeal in this case, which we treat as a cross-appeal. Henderson has failed to file a brief or otherwise indicate from what order he is appealing. See Neb. Ct. R. of Prac. 1E and 9D(4) (rev. 2000). Despite this procedural omission, we have reviewed the record in this appeal and find no final order entered by the district court with regard to the city's third-party petition against Henderson. Absent a final order, this court is without jurisdiction to consider Henderson's cross-appeal. See Keef v. State, 262 Neb. 622, 634 N.W.2d 751 (2001). Accordingly, we dismiss Henderson's cross-appeal.
CONCLUSION
Henery was an "innocent third party" within the meaning of § 13-911. We affirm the district court's decision entering judgment against the city and in favor of Henery's estate pursuant to § 13-911 for Henery's death which occurred as a result of a vehicular pursuit by a law enforcement officer of a vehicle in which Henery was a passenger. Because the record does not contain a final, appealable order in the city's case against Henderson, we are without jurisdiction to consider Henderson's cross-appeal.
Affirmed. Cross-appeal dismissed.
|