Ponec v. Guy Strevey & Associates, Inc.

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Ponec v. Guy Strevey & Associates, Inc.

Case Number
A-15-0775
Call Date
January 18, 2017
Case Time
9:00 AM
Case Summary

A-15-0775, James F. Ponec and Ann M. Ponec, individually, and as trustees of the James F. Ponec and Ann M. Ponec Trust, dated 3/8/96 (Appellants) v. Guy Strevey & Associates, Inc., and Guy Strevey, individually, and Hornor, Townsend & Kent

District Court for Douglas County, District Judge Gary B. Randall

Attorney for Appellants: Gail E. Bolivar (Bolivar Law Firm)

Attorneys for Appellees (Strevey): Jonathan James Papik & James M. Bausch (Cline Williams Law Firm)

Attorneys for Appellees (Horner): Andrea Dylan Snowden (Baylor Evnen Law Firm) & George D. Fagan & Margaret Swetman (Leak & Anderson Law Firm)

Civil Action: Claims including negligence, breach of fiduciary duty, fraudulent concealment, failure to supervise, and respondeat superior

Action taken by the Trial Court: The trial court granted summary judgment motions filed by the defendants based on the applicable statute of limitations.

Assignments of Error on Appeal: Did the trial court err in finding that the continuing treatment doctrine did not apply to a broker or broker-dealer? Did the trial court err in determining inquiry notice alerted the Ponecs to a duty to investigate their fiduciary broker when dividends were insufficient? Did the trial court err in applying a 4-year statute of limitations? Did the trial court err in determining Strevey's actions were outside the scope of his employment? Did the trial court err in granting the defendants' motions for summary judgment and failing to grant the Ponecs' motion for partial summary judgment?

Case Location
Lincoln
Panel Text
Moore, Chief Judge, Inbody, and Pirtle, Judges