S-22-0153 The Estate of Clay Block by Theresa Hoffman, as Administrator, Theresa Hoffman individually and as next friend of C.B. and J.B., and Mitchell Block, individually (Appellants) v. The Estate of Stephen P. Becker by Kathryn Becker as Personal Representative and Mountain Plains Research, Inc., A Nebraska Corporation (Appellee)
Appeal from the District Court for Wayne County, Judge James G. Kube
Attorneys: Willis J. Hamilton and Steve Hamilton (Hamilton Law Firm for Appellants) and Robert S. Keith and L. Paige Hall (Engles Ketcham, Olson & Keith for Appellees)
Civil: Wrongful Death and Summary Judgment
Proceedings Below: Appellant filed a suit against Appellees for the wrongful death of Clay Block. Appellees filed a motion for summary judgment which was sustained. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues on Appeal: Appellant makes the following assignments of error on appeal: 1) The trial court erred when it granted summary judgment in favor of the defendants based on the trial court’s erroneous conclusion that there were insufficient facts for a jury to determine the proximate cause of the death of Clay Block; and 2) The trial court erred when it usurped the jury’s duty as finders of fact as it engaged in fact finding of disputed, material issues of fact to support the grant of defendants’ motion for summary judgment.