S-21-485, North Star Mutual Insurance Company, as subrogee of Julie Blazer v. Travis Stewart [Appellant]
District Court for Adams County, Honorable Stephen R. Illingworth
Attorneys: Jared J. Krejci (Smith, Johnson, Allen, Connick & Hansen) for appellant; Brad Entwistle (Walentine O’Toole) for appellee
Civil: Indemnity under insurance contract
Proceedings below: County court dismissed action, district court sitting as appellate court found plain error in dismissal and reinstated action.
Issues: Did the district court err in (1) determining the county court order rose to the level of plain error or was reviewable under the plain error standard, (2) reversing the county court’s order, (2) determining North Star’s action was not barred by the rule against claim splitting, and (4) considering an affidavit filed with the county court but not offered into evidence or received in evidence in the county court proceedings?