Callahan v. Brant

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Callahan v. Brant

Case Number
Call Date
November 1, 2022
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-21-1006 Mark and Michelle Callahan (Appellants) v. Jeb Brant, an individual, and Shelter Mutual Ins. Co., a Missouri Insurance Co. (Appellees)

Appeal from the District Court for Adams County, Judge Terri S. Harder

Attorneys:  Timothy R., Engler, Mark R. Richardson, and Sami D. Schmit (Rembolt Ludtke for Appellants), Roger G. Steele and Liana Steele (Steele Law Officer for Appellee Jeb Brant), and Susan K. Sapp and Isaiah J. Frohling (Cline Williams Wright Johnson & Oldfather for Appellee Shelter Mutual Ins. Co.)

Civil: Negligent misrepresentation.

Proceedings Below: Appellees filed a Motion for Summary Judgment, which was sustained by the trial court.  On appeal and on its own motion, the Nebraska Supreme Court ordered that this case be removed from the docket of the Nebraska Court of Appeals and transferred to its docket. 

Issues: On appeal, Appellants make the following assignments of error:  1) The District Court erred in holding there were no genuine issues of material facts as to the negligent misrepresentations Brant made to the Callahans; 2) The District Court erred in holding there was no genuine issue of material fact as to whether the Callahans could have reasonably relied on Brant’s statements; 3) The District Court erred in failing to address two of the three elements of negligent misrepresentation under Nebraska law, including A) whether Brant supplied the Callahans with false information, and B) whether Brant failed to exercise reasonable care or competence in communicating to the Callahans that their insurance coverage was adequate; and 4) The District Court erred in failing to hold a genuine issue of material fact exists as to whether Brant had a duty to advise and obtain appropriate insurance coverage for the Callahans.

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