Nebraska District Court Judge Andrea D. Miller of Gering, Nebraska, was invited to sit with the Nebraska Supreme Court on November 1, 2022.

Miller heard arguments in the case of Mark and Michelle Callahan v. Jeb Brant, an individual, and Shelter Mutual Ins. Co., a Missouri Insurance Co. as is docketed in the Supreme Court at S-21-1006.  In that case, Appellants obtained home owner’s insurance for their home and its contents through Shelter Mutual Insurance Company.  Jeb Brant was their Shelter Mutual Insurance Company agent.  In 2019, Appellant’s home experienced a fire, and their home and its contents were a total loss.  It turned out that the replacement costs for the home and its contents were substantially higher than the limits of their insurance policy.  Appellants sued Defendants on a theory of general negligence and negligent misrepresentation.  Prior to trial, the trial court granted Appellee’s Motion for Summary Judgment and dismissed Appellant’s case. On appeal, the Nebraska Supreme Court ordered that this case be transferred to its docket.   

Miller also heard arguments in the case of Brad Carson and Jamie Carson, Individually and Next Friends to, Boston Carson v. Rebecca Steinke, M.D, and Douglas Boon, M.D. as is docketed in the Supreme Court at S-21-0873.  In that case, Appellants sued Dr. Steinke and Dr. Boon for professional negligence when Boston Carson sustained permanent injuries as a result of a traumatic birth.  The trial court found that Appellant’s expert could not testify regarding the standard of care in Grand Island, Nebraska, and that without this testimony, a jury could not rule in Appellant’s favor.  After making this finding, the trial court dismissed the case. On appeal, the Nebraska Supreme Court ordered that this case be transferred to its docket. 

Finally, Miller heard arguments in the case of Dennis and Janelle Trausch v. Linda Hagemeier and RLI Insurance Co. as is docketed in the Supreme Court at S-22-0075. Appellants alleged Appellee (Linda Hagemeier) falsely declared she had witnessed their signatures on the disclaimer and deed of trust.  While Appellants do not deny that they actually signed the documents, they claim Appellee’s false notarization allowed the trust deed to be recorded, which allowed Cornerstone Bank to foreclose against the real estate when they defaulted on the loan. Appellants argue that the insurance company, RLI, was liable up to the limits of its policy to cover the damages that they incurred as a result of Appellee’s false representations.  The trial court dismissed Appellant’s case without leave to amend and awarded Appellees $10,000 in attorneys fees after finding Appellant’s claim to be frivolous, willful, in bad faith, and vexatious.  On appeal, the Nebraska Supreme Court ordered that this case be transferred to its docket. 

She sat in place of Justice Jonathan Papik, who was recused from all three cases. The Court session was held in the Supreme Court Courtroom of the Nebraska State Capitol in Lincoln.

Seven justices make up the Nebraska Supreme Court: Chief Justice Michael Heavican and six associate justices. On occasion, a justice must recuse him or herself from a case, and a judge from a district court or the Court of Appeals is asked to sit with the Supreme Court.    

The November 1, 2022, oral arguments can be viewed on the Court’s archive.

Reporters:

• Judicial Profile for Judge Andrea D. Miller
• Background on the Supreme Court
• Justices of the Nebraska Supreme Court

Screen shot from argument session on Nebraska Public Media:

(L to R) Judge Andrea Miller, Justice Stephanie Stacy, Justice Lindsey Miller-Lerman, Chief Justice Mike Heavican, Justice William Cassel, Justice Jeff Funke, and Justice John Freudenberg listen to arguments in the case of Mark and Michelle Callahan v. Jeb Brant and Shelter Mutual Ins. Co. Recording Court arguments is Allyson Stewart.