Mutual of Omaha Bank v. Kassebaum

S-11-0749, Mutual of Omaha Bank v. Patrick J. Kassebaum, April M. Kassebaum, and Timothy R. Engler (Appellants)

Lancaster County, the Honorable Steven D. Burns

Attorneys: William C. Nelson, Erickson & Sederstrom, P.C. (Appellee); Matthew S. Torres, Ritnour, Payne, & Coon, LLP (Appellant)

Civil: declaratory judgment action

Proceedings below: A jury found in favor of Mutual of Omaha and awarded judgment against the Kassebaums in the amount of $126,376.42. 

Issues: The district court erred in (1) denying Appellants’ motion to dismiss and/or for summary judgment finding that an assignment of a potential recovery in a tort action was not void against public policy; (2) allowing the enforcement of an unliquidated assignment of personal injury proceeds under Nebraska law.