S-23-0989 Jennings Plant Services, LLC, A Nebraska Limited Liability Company, Spencer Jennings, and Tarin Jennings (Appellee) v. Ellerbrock-Norris Agency Inc., A Nebraska Corporation and Elliot Bassett (Appellee) v. Kacey Kimbrough, Special Administrator for the Estate of Shawn Thomas Kimbrough, Intervenor (Appellant)
Appeal from the District Court for Washington County, Judge John E. Samson
Civil: Negligence
Attorneys: David V. Drew (Drew Law Firm, P.C., L.L.O. for Appellee Jennings Plant Services, LLC), Patrick Vipond, Cathy S. Trent-Vilim, and Sean A. Minahan (Lamson Dugan & Murray, LLP for Appellee Ellerbrock-Norris Agency, Inc.) and Linsey Moran Bryant (Sidner Law Firm for Appellant) and James V. O’Brien and Andrew S. Buchanan (Buchanan, Williams & O’Brien, P.C. appearing as pro hac vice for Appellant)
Proceedings Below: The decedent’s special administrator brought a wrongful death action against his employer in federal court, and the employer brought this negligence action against its insurer in state court. The decedent’s special administrator moved to intervene in the state court action, which the district court denied. 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 assignment of error: 1) The district court erred in finding Appellant did not have the requisite direct and legal interest in this case to intervene under Neb. Rev. Stat. § 25-328.