Addy v. Lopez

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Addy v. Lopez

Case Number
Call Date
December 5, 2016
Court Number
Case Summary

S-15-0934, Rebecca G. Addy v. Carlos J. Lopez, Lyle J. Carman, and Werner Construction, Inc.

Lancaster County District Court, Hon. Robert Otte

Attorneys: Kent A. Schroeder, Ross Schroeder, Kearney; Robert S. Keith, Engles Ketcham, Omaha

Civil: final order; agency

Proceedings Below: Addy, as personal representative of the estate of Raven J. Addy-Cruz, filed suit against Werner alleging that Werner employed Carman and was negligent in its supervision. Werner's motion for summary judgment was granted, with the district court concluding that there was no issue of material fact that the relationship between Werner and Lopez was that of an independent contractors. Addy voluntarily dismissed her case without prejudice and appealed.

Issues on Appeal: Whether the district court's order is final; whether Werner is vicariously liable for Carman's negligence.