Nebraska District Court Judge Susan I. Strong of Lincoln, Nebraska, was invited to sit with the Nebraska Supreme Court on November 3, 2022.

Strong heard arguments in the case of Joshua Murphy, Abigail Sailors, and Sydnie Murphy v. State of Nebraska, Department of Health & Human Services and Miles Ruch, Sr., which is docketed in the Supreme Court at S-21-1037.  In that case, Appellants were foster children, who Nebraska Department of Health and Human Services [HHS] placed in foster home(s).  Appellants were abused while in foster care, so they sued HHS for negligence.  The trial court found that the Appellants did not establish that HHS breached any duty of care owed to them.  On appeal, the Nebraska Supreme Court ordered that this case be transferred to its docket.  Strong sat in place of Justice Jeffrey J. Funke, who was recused from this case. 

Strong also heard arguments in the case of Konrad Sinu and Lidia Szurlej v. Concordia University, which is docketed in the Supreme Court at S-21-959.  In that case, the Appellant was a student athlete who received a sports scholarship to play soccer at Concordia University.  Appellant and his mother signed a Liability Waiver and Release to use Concordia’s sports center that released Concordia from liability for injuries that Appellant may receive that are inherent in sports.  While participating in mandatory, off-season soccer strength and conditioning, Appellant received injuries to his eyes when a resistance band was not properly secured.  Concordia University requested a summary judgment, which was granted and resulted in the lawsuit being dismissed.  On appeal, the Nebraska Supreme Court ordered that this case be transferred to its docket.  In this case, Strong sat in place of Justice Miller-Lerman, who was recused from this case.

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 G. 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 3, 2022, oral arguments can be viewed on the Court’s archive.

Reporters:

• Judicial Profile for Judge Susan I. Strong
• Background on the Supreme Court
• Justices of the Nebraska Supreme Court

Screen shot from argument session on Nebraska Public Media:

(L to R) Justice Jonathan Papik, Justice Stephanie Stacy, Judge Susan Strong, Chief Justice Mike Heavican, Justice William Cassel, Justice Jeff Funke, and Justice John Freudenberg. Recording Court arguments is Allyson Stewart.