Motion for new trial denied

A motion for a new trial in two cases, CI 14-25 Christensen v. Broken Bow Public School and CI 13-28 Michael Christensen v. Beverly Sherbeck, has been denied.

In an Oct. 8, 2021 order, Custer County District Court Judge Karin Noakes states the judgment in CI 13-28 was affirmed May 12, 2020 by the Nebraska Court of Appeals and thus, the motion for a new trial is denied.

In the Oct. 8 order, Noakes states, for CI 14-25, pre-trial orders pertained to the admissibility of evidence regarding non-use of seat beats and evidence of non-use is not admissible regarding issues of proximate cause or liability. The order further reads pre-trial orders consistently state that, while non-use evidence can be considered in a negligence clam, it cannot be the sole basis for a negligence claim and cannot be used by itself as enough evidence to proceed.

Both cases stem from a June 1, 2012 traffic collision which killed two Broken Bow men, injured several young people and killed the driver of a pickup. THe young people in the van struck by the pickup were not wearing seatbelts.

On Dec. 11, 2018, in CI 14-25, the court delivered a directed verdict in favor of the defendant, BBPS. On Dec. 13, 2018, a jury found for the defendant, Beverly Sherbeck in CI 13-25. The plaintiffs filed a motion for a new trial on Dec. 14, 2018 and that motion was denied.

In February, 2019, the plaintiffs filed with the Court of Appeals. On Sept. 30, 2021, the Appellate Court handed the case back to the district court. On Sept. 30, Judge Noakes took the motion for new trials under advisement which resulted in the Oct. 8 order.