reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,152 - Fiduciary or interested person; action to declare rights.

25-21,152.
Fiduciary or interested person; action to declare rights.
Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust or the estate of a decedent, an infant, person with a mental disorder, or insolvent, may have a declaration of rights or legal relation in respect thereto:
(a) To ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others; or
(b) To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or
(c) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
Source
Laws 1929, c. 75, § 4, p. 257;
C.S.1929, § 20-21,143;
R.S.1943, § 25-21,152;
Laws 1986, LB 1177, § 6.
Annotations
This section authorizes courts of record to construe wills. Father Flanagan's Boys' Home v. Graybill, 178 Neb. 79, 132 N.W.2d 304 (1964).
Administrator of estate could bring action to determine validity of devise and bequest under will. Hipsley v Hipsley, 162 Neb. 518, 76 N.W.2d 462 (1956).
A declaratory judgment may be had in probate proceedings. Rohn v. Kelley, 156 Neb. 463, 56 N.W.2d 711 (1953).
Declaratory judgment proceeding was proper to determine interest of parties in cattle. Graham v. Beauchamp, 154 Neb. 889, 50 N.W.2d 104 (1951).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,153 - Sections; not limiting or restrictive.

25-21,153.
Sections; not limiting or restrictive.
The enumeration in sections 25-21,150, 25-21,151 and 25-21,152 does not limit or restrict the exercise of the general powers conferred in section 25-21,149, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.
Source
Laws 1929, c. 75, § 5, p. 258;
C.S.1929, § 20-21,144;
R.S.1943, § 25-21,153.
Annotations
Coverage under public liability policy could be determined. Hawkeye Casualty Co. v. Stoker, 154 Neb. 466, 48 N.W.2d 623 (1951).
Affirmative relief against items of state taxation is authorized. Mid-Continent Airlines v. Nebraska State Board of Equalization and Assessment, 105 F.Supp. 188 (D. Neb. 1952).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,154 - Declaratory judgments; when refused.

25-21,154.
Declaratory judgments; when refused.
The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
Source
Laws 1929, c. 75, § 6, p. 258;
C.S.1929, § 20-21,145;
R.S.1943, § 25-21,154.
Annotations
The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding. Omaha Pub. Power Dist. v. Nuclear Elec. Ins. Ltd., 229 Neb. 740, 428 N.W.2d 895 (1988); Arlington Oil Co. v. Hall, 130 Neb. 674, 266 N.W. 583 (1936); Smithberger v. Banning, 130 Neb. 354, 265 N.W. 10 (1936).
Where eminent domain proceeding was pending in which question of abandonment and its effect could be determined, action for declaratory judgment on claimed abandonment should have been dismissed. Zarybnicky v. County of Gage, 196 Neb. 210, 241 N.W.2d 834 (1976).
Discretionary power is conferred. Haynes v. Anderson, 163 Neb. 50, 77 N.W.2d 674 (1956).
One of the purposes of the act is to terminate the controversy that gave rise to the proceedings. Custer Public Power Dist. v. Loup River Public Power Dist., 162 Neb. 300, 75 N.W.2d 619 (1956).
Court will not render declaratory judgment where necessary parties have not been joined. Redick v. Peony Park, 151 Neb. 442, 37 N.W.2d 801 (1949).
Statute authorizing declaratory judgment is applicable only when all interested persons are made parties to the proceeding. Ben B. Wood Realty Co. v. Wood, 132 Neb. 817, 273 N.W. 493 (1937); Southern Nebraska Power Co. v. Village of Deshler, 130 Neb. 133, 264 N.W. 462 (1936).
Declaratory Judgments Act is applicable only where there is a present actual controversy and where justiciable issues are presented. Dobson v. Ocean Accident & Guarantee Corp., 124 Neb. 652, 247 N.W. 789 (1933).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,155 - Declaratory judgments; review.

25-21,155.
Declaratory judgments; review.
All orders, judgments and decrees under sections 25-21,149 to 25-21,164 may be reviewed as other orders, judgments and decrees.
Source
Laws 1929, c. 75, § 7, p. 258;
C.S.1929, § 20-21,146;
R.S.1943, § 25-21,155.
Annotations
Determinations of factual issues in a declaratory judgment action will not be disturbed on appeal unless they are clearly wrong. Beatrice Nat. Bank v. Southeast Neb. Co-op, 230 Neb. 671, 432 N.W.2d 842 (1988).
Declaratory judgment decrees may be reviewed in the Supreme Court as are other decrees. OB-GYN v. Blue Cross, 219 Neb. 199, 361 N.W.2d 550 (1985).
Examination of reviewing court will be confined to questions determined by trial court. Lickert v. City of Omaha, 144 Neb. 75, 12 N.W.2d 644 (1944).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,156 - Pleadings; complaint; orders to show cause.

25-21,156.
Pleadings; complaint; orders to show cause.
Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by complaint to a court having jurisdiction to grant the relief. If the application is deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree to show cause why further relief should not be granted forthwith.
Source
Laws 1929, c. 75, § 8, p. 258;
C.S.1929, § 20-21,147;
R.S.1943, § 25-21,156;
Laws 2002, LB 876, § 49.
Annotations
When the plaintiff's pleadings in a declaratory judgment action put the defendant on notice of the remedy sought, a trial court may order relief which is clearly within the scope of its declaratory judgment. Conversely, when a plaintiff's requested relief is not clearly within the scope of a court's declaratory judgment, the court should grant such relief only for a plaintiff's concurrent or subsequent cause of action or the plaintiff's application for supplemental relief under this section. Wetovick v. County of Nance, 279 Neb. 773, 782 N.W.2d 298 (2010).
The trial court has the power to retain jurisdiction in order to grant further relief for the amounts of percentage rent as they may be determined each year until the expiration of the lease which was the subject of the declaratory judgment action. S.N. Mart, Ltd. v. Maurices Inc., 234 Neb. 343, 451 N.W.2d 259 (1990).
Judgment for amount due under contract may be obtained in a declaratory judgment action. Richardson v. Waterite Co., 169 Neb. 263, 99 N.W.2d 265 (1959).
Injunction against enforcing of city ordinance was properly refused. McNeil v. City of Omaha, 160 Neb. 301, 70 N.W.2d 83 (1955).
Injunctive relief deemed unnecessary. Omaha Nat. Bank v. Heintze, 159 Neb. 520, 67 N.W.2d 753 (1954).
Further relief may be granted to carry into effect declaratory judgment. Noble v. City of Lincoln, 158 Neb. 457, 63 N.W.2d 475 (1954).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,157 - Trial; issues of fact; how conducted.

25-21,157.
Trial; issues of fact; how conducted.
When a proceeding under sections 25-21,149 to 25-21,164 involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
Source
Laws 1929, c. 75, § 9, p. 258;
C.S.1929, § 20-21,148;
R.S.1943, § 25-21,157.
Annotations
A party may not simply move the court for a declaratory judgment; no such summary proceeding is recognized in Nebraska. Breci v. St. Paul Mercury Ins. Co., 288 Neb. 626, 849 N.W.2d 523 (2014).
In a declaratory judgment action involving the determination of issues of fact, such issues may be tried and determined as in other civil actions. Millard Rur. Fire Prot. Dist. No. 1 v. City of Omaha, 226 Neb. 50, 409 N.W.2d 574 (1987).
Fact questions in a declaratory judgment action may be tried and determined as in other civil actions. OB-GYN v. Blue Cross, 219 Neb. 199, 361 N.W.2d 550 (1985).
Where a decision appealed from involves, at the outset, questions of fact, the parties are entitled to a jury trial, notwithstanding the fact that the action may have involved both questions of fact and of law. Hemenway v. MFA Life Ins. Co., 211 Neb. 193, 318 N.W.2d 70 (1982).
In a declaratory judgment action, issues of fact may be tried and determined as in other civil actions, and if the action would otherwise be an action at law and is tried to the court without a jury the trial court's findings have the effect of a jury verdict. Larutan Corp. v. Magnolia Homes Manuf. Co., 190 Neb. 425, 209 N.W.2d 177 (1973).
Where jury waived, judgment of trial court will not be set aside unless clearly wrong. Belek v. Travelers Ind. Co., 187 Neb. 470, 191 N.W.2d 819 (1971).
Issues of fact may be tried and determined as in other civil actions. American Standard Ins. Co. v. Tournor, 186 Neb. 585, 185 N.W.2d 267 (1971); United Services Automobile Assn. v. Hills, 172 Neb. 128, 109 N.W.2d 174 (1961); State Farm Mutual Auto. Ins. Co. v. Kersey, 171 Neb. 212, 106 N.W.2d 31 (1960).
An issue of fact may be submitted for determination by a jury. Hawkeye Casualty Co. v. Stoker, 154 Neb. 466, 48 N.W.2d 623 (1951).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,158 - Costs.

25-21,158.
Costs.
In any proceeding under sections 25-21,149 to 25-21,164 the court may make such award of costs as may seem equitable and just.
Source
Laws 1929, c. 75, § 10, p. 258;
C.S.1929, § 20-21,149;
R.S.1943, § 25-21,158.
Annotations
Under this section, attorney fees are not taxed as "costs." Without another source of statutory authority permitting attorney fees to be taxed as costs, the prevailing party cannot recover attorney fees in a declaratory judgment action. Wetovick v. County of Nance, 279 Neb. 773, 782 N.W.2d 298 (2010).
Where petition for declaratory judgment was denied for lack of necessary parties, all costs were taxed to plaintiff. Phillips v. Phillips, 163 Neb. 282, 79 N.W.2d 420 (1956).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,160 - Sections, how construed.

25-21,160.
Sections, how construed.
Sections 25-21,149 to 25-21,164 are declared to be remedial; their purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and are to be liberally construed and administered.
Source
Laws 1929, c. 75, § 12, p. 259;
C.S.1929, § 20-21,151;
R.S.1943, § 25-21,160.
Annotations
The Attorney General may bring an action for a declaratory judgment challenging the constitutionality of a statute which the Tax Commissioner proposes to implement and enforce. State ex rel. Meyer v. Peters, 188 Neb. 817, 199 N.W.2d 738 (1972).
Requirements for declaratory relief met. Slosburg v. City of Omaha, 183 Neb. 839, 165 N.W.2d 90 (1969).
Act is to be liberally construed and administered. Berigan Bros. v. Growers Cattle Credit Corp., 182 Neb. 656, 156 N.W.2d 794 (1968).
Act has application both substantively and adjectively. Hawkeye Casualty Co. v. Stoker, 154 Neb. 466, 48 N.W.2d 623 (1951).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,161 - Person, defined.

25-21,161.
Person, defined.
The word person wherever used in the Uniform Declaratory Judgments Act shall be construed to mean any person, partnership, limited liability company, joint-stock company, unincorporated association, society, or municipal or other corporation of any character whatsoever.
Source
Laws 1929, c. 75, § 13, p. 259;
C.S.1929, § 20-21,152;
R.S.1943, § 25-21,161;
Laws 1993, LB 121, § 173.
Annotations
The term "person" as used in this section is broad enough to include the state or any subdivision thereof. Hoiengs v. County of Adams, 245 Neb. 877, 516 N.W.2d 223 (1994).
An unincorporated association is included within the statutory definition of a person. Nebraska Seedsmen Assn. v. Department of Agriculture & Inspection, 162 Neb. 781, 77 N.W.2d 464 (1956).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,162 - Validity of sections.

25-21,162.
Validity of sections.
Sections 25-21,149 to 25-21,164, except sections 25-21,149 and 25-21,150, are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of sections 25-21,149 to 25-21,164 invalid or inoperative.
Source
Laws 1929, c. 75, § 14, p. 259;
C.S.1929, § 20-21,153;
R.S.1943, § 25-21,162.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,163 - Interpretation and construction of sections to effectuate uniformity.

25-21,163.
Interpretation and construction of sections to effectuate uniformity.
Sections 25-21,149 to 25-21,164 shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.
Source
Laws 1929, c. 75, § 15, p. 259;
C.S.1929, § 20-21,154;
R.S.1943, § 25-21,163.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,164 - Act, how cited.

25-21,164.
Act, how cited.
Sections 25-21,149 to 25-21,164 may be cited as the "Uniform Declaratory Judgments Act".
Source
Laws 1929, c. 75, § 16, p. 259;
C.S.1929, § 20-21,155;
R.S.1943, § 25-21,164.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,165 - By whom brought; jurisdiction.

25-21,165.
By whom brought; jurisdiction.
Whenever a suit praying for an interlocutory injunction shall have been begun in the United States District Court in any Division in the State of Nebraska to restrain any official or officials of the State of Nebraska from enforcing or administering any statute of the State of Nebraska, or from enforcing or administering any administrative order of any department, bureau or commission of this state, or to set aside or enjoin such statute or administrative order, any defendant in such suit or the Attorney General of the State of Nebraska may bring an action to enforce said statute or order in the district court of the county of the State of Nebraska in which the State Capitol of said state is located at any time before the hearing or application for said interlocutory injunction in the suit in the United States District Court, District of Nebraska, in the proper Division thereof; and jurisdiction is hereby conferred on the district court of the county of the State of Nebraska in which its State Capitol is located to entertain such suit with the powers hereinafter granted.
Source
Laws 1929, c. 79, § 1, p. 268;
C.S.1929, § 20-21,156;
R.S.1943, § 25-21,165.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,166 - Certification to federal court; stay of proceedings.

25-21,166.
Certification to federal court; stay of proceedings.
The district court of the county in Nebraska in which said State Capitol is located shall, when such suit is brought, grant a stay of proceedings to any state officer or officers under such statute or order, pending the determination of such suit by the courts of the State of Nebraska. The district court of the county in Nebraska in which its State Capitol is located shall upon the institution of said suit, certify forthwith to the United States District Court, District of Nebraska, to its proper Division in which such action heretofore has been brought, the fact that such suit has been begun in the district court of the county in the state where the State Capitol is located.
Source
Laws 1929, c. 79, § 2, p. 269;
C.S.1929, § 20-21,157;
R.S.1943, § 25-21,166.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,167 - Expedited trial and appeal; advancement.

25-21,167.
Expedited trial and appeal; advancement.
The district court of Lancaster County shall speedily determine the action, and an appeal may be taken to the Court of Appeals within thirty days after the entry of the judgment. Trial in the appellate court shall in all ways be expedited, set for an early hearing, and advanced as other causes which involve the public welfare and convenience are advanced.
Source
Laws 1929, c. 79, § 3, p. 269;
C.S.1929, § 20-21,158;
R.S.1943, § 25-21,167;
Laws 1991, LB 732, § 67;
Laws 1992, LB 360, § 6;
Laws 2000, LB 921, § 21.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,180 - Terms, defined.

25-21,180.
Terms, defined.
As used in sections 25-224 and 25-21,180 to 25-21,182, unless the context otherwise requires: Product liability action shall mean any action brought against a manufacturer, seller, or lessor of a product, regardless of the substantive legal theory or theories upon which the action is brought, for or on account of personal injury, death, or property damage caused by or resulting from the manufacture, construction, design, formulation, installation, preparation, assembly, testing, packaging, or labeling of any product, or the failure to warn or protect against a danger or hazard in the use, misuse, or intended use of any product, or the failure to provide proper instructions for the use of any product.
Source
Laws 1978, LB 665, § 1;
Laws 1998, LB 234, § 8.
Annotations
In defining a product liability action as an action brought for or on account of personal injury, death, or property damage caused by a product, this section refers only to physical harm, not to economic loss. National Crane Corp. v. Ohio Steel Tube Co., 213 Neb. 782, 332 N.W.2d 39 (1983).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,181 - Action based on strict liability in tort; brought against seller or lessor; when.

25-21,181.
Action based on strict liability in tort; brought against seller or lessor; when.
No product liability action based on the doctrine of strict liability in tort shall be commenced or maintained against any seller or lessor of a product which is alleged to contain or possess a defective condition unreasonably dangerous to the buyer, user, or consumer unless the seller or lessor is also the manufacturer of the product or the part thereof claimed to be defective.
Source
Laws 1978, LB 665, § 3.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,182 - Product liability action; based upon negligent or defective design, testing, or labeling; defense.

25-21,182.
Product liability action; based upon negligent or defective design, testing, or labeling; defense.
In any product liability action based upon negligent or defective design, testing, or labeling, proof establishing that such design, testing, or labeling was in conformity with the generally recognized and prevailing state of the art in the industry at the time the specific product involved in the action was first sold to any person not engaged in the business of selling such product shall be a defense. State of the art as used in this section shall be defined as the best technology reasonably available at the time.
Source
Laws 1978, LB 665, § 4.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,184 - Railroad company; actions by employees against; negligence; assumption of risk.

25-21,184.
Railroad company; actions by employees against; negligence; assumption of risk.
In any action brought against a railroad or street railroad company to recover damages for personal injury to any employee, whether such injury results in death or not, the employee shall not be held to have assumed any of the risks of his employment in any case where the railroad company or its agents, servants or employees have been guilty of negligence.
Source
Laws 1913, c. 98, § 1, p. 252;
R.S.1913, § 7891;
C.S.1922, § 8833;
C.S.1929, § 20-1150;
R.S.1943, § 25-1150;
R.S.1943, (1979), § 25-1150.
Annotations
Section is not applicable in action under federal employer's liability act; in such case federal law as to assumption of risk is controlling. Preble v. Union Stock Yards Co., 110 Neb. 383, 193 N.W. 910 (1923).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,185.07 - Civil actions to which contributory negligence is a defense; sections applicable.

25-21,185.07.
Civil actions to which contributory negligence is a defense; sections applicable.
Sections 25-21,185.07 to 25-21,185.12 shall apply to all civil actions to which contributory negligence may be, pursuant to law, a defense that accrue on or after February 8, 1992, for damages arising out of injury to or death of a person or harm to property regardless of the theory of liability. Actions accruing prior to February 8, 1992, shall be governed by the laws in effect immediately prior to such date. Nothing in sections 25-21,185.07 to 25-21,185.12 shall be construed to limit wrongful death claims brought pursuant to sections 30-809 and 30-810, but such claims shall be subject to sections 25-21,185.07 to 25-21,185.12.
Source
Laws 1992, LB 262, § 1.
Annotations
In an action that accrued after February 8, 1992, the jury should not be instructed with the "slight" and "gross" comparative negligence formulation. City of Wahoo v. NIFCO Mech. Systems, 306 Neb. 203, 944 N.W.2d 757 (2020).
The Legislature did not intend for the comparative negligence scheme to apply in actions based on strict liability after February 8, 1992. Shipler v. General Motors Corp., 271 Neb. 194, 710 N.W.2d 807 (2006).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,185.08 - Civil actions to which contributory negligence is a defense; terms, defined.

25-21,185.08.
Civil actions to which contributory negligence is a defense; terms, defined.
For purposes of sections 25-21,185.07 to 25-21,185.12:
(1) Claimant shall mean any person who brings or maintains an action described in section 25-21,185.07. If an action is brought through or on behalf of an estate, claimant shall mean the claimant's decedent. If an action is brought through or on behalf of a minor, claimant shall mean the minor;
(2) Economic damages shall mean monetary losses, including, but not limited to, medical expenses, loss of earnings and earning capacity, funeral costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of employment, and loss of business or employment opportunities; and
(3) Noneconomic damages shall mean subjective, nonmonetary losses, including, but not limited to, pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation, and humiliation, but shall not include economic damages.
Source
Laws 1992, LB 262, § 2.
Annotations
A request for inconvenience damages is subsumed within a plaintiff's request for mental pain and suffering damages, when the facts show that the plaintiff is actually seeking hedonic damages for the plaintiff's loss of enjoyment of life resulting from physical injuries. Golnick v. Callender, 290 Neb. 395, 860 N.W.2d 180 (2015).
Apart from an exception for anxiety damages associated with parasitic damages, a request for anxiety damages is usually subsumed with a plaintiff's request for mental pain and suffering damages. Golnick v. Callender, 290 Neb. 395, 860 N.W.2d 180 (2015).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,185.12 - Civil actions to which contributory negligence is a defense; assumption of risk, defined; affirmative defense.

25-21,185.12.
Civil actions to which contributory negligence is a defense; assumption of risk, defined; affirmative defense.
Assumption of risk is an affirmative defense. Assumption of risk shall mean that (1) the person knew of and understood the specific danger, (2) the person voluntarily exposed himself or herself to the danger, and (3) the person's injury or death or the harm to property occurred as a result of his or her exposure to the danger.
Source
Laws 1992, LB 262, § 6.
Annotations
Before the defense of assumption of risk is submissible to a jury, the evidence must show that the plaintiff (1) knew of the specific danger, (2) understood the danger, and (3) voluntarily exposed himself or herself to the danger that proximately caused the damage. Pleiss v. Barnes, 260 Neb. 770, 619 N.W.2d 825 (2000).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,186 - Emergency care at scene of emergency; persons relieved of civil liability, when.

25-21,186.
Emergency care at scene of emergency; persons relieved of civil liability, when.
(1) No person who renders emergency care at the scene of an accident or other emergency gratuitously, shall be held liable for any civil damages as a result of any act or omission by such person in rendering the emergency care or as a result of any act or failure to act to provide or arrange for medical treatment or care for the injured person.
(2) For purposes of this section, rendering emergency care at the scene of an accident or other emergency includes entering a motor vehicle to remove a child when entering the vehicle and removing the child is necessary to avoid immediate harm to the child.
Source
Laws 1961, c. 110, § 1, p. 349;
Laws 1971, LB 458, § 1;
R.S.1943, (1979), § 25-1152;
Laws 2020, LB832, § 1.
Annotations
This section does not apply to a police officer responding to the scene of an automobile accident because his conduct was not gratuitous. Drake v. Drake, 260 Neb. 530, 618 N.W.2d 650 (2000).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,187 - Contract or agreement; indemnity provision; against public policy; unenforceable; when; construction project; violation of safety practice; liability.

25-21,187.
Contract or agreement; indemnity provision; against public policy; unenforceable; when; construction project; violation of safety practice; liability.
(1) In the event that a public or private contract or agreement for the construction, alteration, repair, or maintenance of a building, structure, highway bridge, viaduct, water, sewer, or gas distribution system, or other work dealing with construction or for any moving, demolition, or excavation connected with such construction contains a covenant, promise, agreement, or combination thereof to indemnify or hold harmless another person from such person's own negligence, then such covenant, promise, agreement, or combination thereof shall be void as against public policy and wholly unenforceable. This subsection shall not apply to construction bonds or insurance contracts or agreements.
(2) No professional architect, professional engineer, or professional land surveyor who is retained to perform professional services on a construction project and no employee of a professional architect, professional engineer, or professional land surveyor who is assisting or representing the professional architect, professional engineer, or professional land surveyor in the performance of professional services on a construction project shall be liable in tort for any case of personal injury to or death of any employee working on a construction project arising out of and in the course of employment on the construction project and occurring as a result of a violation of a safety practice by any third party unless the responsibility for supervision of safety practices has been assumed by contract or by other conduct. This subsection shall not be construed to establish, diminish, or abrogate any duty, standard of care, or liability of any person or individual except as expressly provided in this subsection.
Source
Laws 1979, LB 288, § 1;
R.S.1943, (1979), § 25-1153;
Laws 1987, LB 492, § 1.
Annotations
Maintenance of a building, within the meaning of subsection (1) of this section, does not encompass the ordinary activities associated with management of commercial property. Kuhn v. Wells Fargo Bank of Neb., 278 Neb. 428, 771 N.W.2d 103 (2009).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,188 - Alienation of affections; criminal conversation; actions barred.

25-21,188.
Alienation of affections; criminal conversation; actions barred.
No cause of action for (1) alienation of affections or (2) criminal conversation shall be allowed to commence after January 9, 1986.
Source
Laws 1986, LB 877, § 1.
Annotations
The tort of intentional infliction of emotional distress is unavailable when it is predicated on conduct which leads to the dissolution of marriage, as such actions are barred by statute. Speer v. Dealy, 242 Neb. 542, 495 N.W.2d 911 (1993).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,188.01 - Check or instrument; wrongful refusal to endorse; liability; attorney's fees; awarded when.

25-21,188.01.
Check or instrument; wrongful refusal to endorse; liability; attorney's fees; awarded when.
Any payee, endorser, or endorsee on a check or instrument issued in payment for property subject to a lien under Chapter 52, article 2, 5, 7, 9, 11, 12, or 14, or Chapter 54, article 2, or farm products subject to a security interest under article 9, Uniform Commercial Code, or Chapter 52, article 13, who wrongfully refuses to endorse such check or instrument to any other payee, endorser, or endorsee on such check or instrument who is a superior lienholder, superior secured party, or other person legally entitled to such check or instrument shall be liable to any payee, endorser, or endorsee entitled to such endorsement on such check or instrument for damages. A court shall assess attorney's fees and costs if, upon the motion of any party or the court itself, the court finds that any payee, endorser, or endorsee on a check or other instrument wrongfully refused to endorse such check or instrument in payment for property subject to a lien or farm products subject to a security interest or that an attorney or party brought or defended an action or any part of an action that was frivolous or that the action or any part of the action was interposed solely for delay or harassment. If a court finds that an attorney or party unnecessarily expanded the proceedings by other improper conduct, including, but not limited to, abuses of civil discovery procedures, the court shall assess attorney's fees and costs.
Source
Laws 1988, LB 987, § 6;
Laws 1999, LB 550, § 4.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,188.02 - Volunteer in free clinic or other facility; immunity; when.

25-21,188.02.
Volunteer in free clinic or other facility; immunity; when.
(1) A person credentialed under the Uniform Credentialing Act to practice as a physician, osteopathic physician, pharmacist, dentist, physician assistant, nurse, or physical therapist who, without the expectation or receipt of monetary or other compensation either directly or indirectly, provides professional services, of a kind which are eligible for reimbursement under the medical assistance program established pursuant to the Medical Assistance Act, as a volunteer in a free clinic or other facility operated by a not-for-profit organization as defined in section 25-21,190, by an agency of the state, or by any political subdivision shall be immune from civil liability for any act or omission which results in damage or injury unless such damage or injury was caused by the willful or wanton act or omission of such practitioner.
(2) The individual immunity granted by subsection (1) of this section shall not extend to any act or omission of such practitioner which results in damage or injury if:
(a) The free clinic or other facility is operated by a licensed hospital;
(b) The practitioner has been disciplined by the professional board having oversight over that practitioner in the previous five years at the time of the act or omission causing injury; or
(c) The damage or injury is caused by such practitioner (i) during the operation of any motor vehicle, airplane, or boat or (ii) while impaired by alcohol or any controlled substance enumerated in section 28-405.
Source
Laws 2003, LB 146, § 7;
Laws 2006, LB 1248, § 50;
Laws 2007, LB463, § 1115.
Cross References
Medical Assistance Act, see section 68-901.
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,189 - Food; donations; limitations on liability.

25-21,189.
Food; donations; limitations on liability.
(1) For purposes of this section:
(a) Food shall mean articles used for food or drink for humans or animals and articles used for components of any such article; and
(b) Raw agricultural product shall mean any food in its raw or natural state, including all fruits that are washed, colored, or otherwise treated in their unpeeled natural form prior to marketing.
(2) Notwithstanding any other provisions of the law of this state, any person who makes a good faith donation to a charitable or nonprofit organization of prepared or perishable food or raw agricultural products which appear to be fit for human consumption when donated shall not be liable for damages in any civil action for any injury or death because of the condition of such food unless the injury or death is a direct result of the gross negligence, recklessness, or intentional misconduct of the donor.
(3) Notwithstanding any other provisions of the law of this state, a charitable or nonprofit organization which in good faith receives and distributes, without charge, food which the organization reasonably determines to be fit for human consumption when distributed shall not be liable for damages in any civil action based on the doctrine of strict liability in tort for any injury or death because of the condition of such food.
(4) This section shall apply to all good faith donations of perishable food or raw agricultural products which are not readily marketable because of appearance, freshness, grade, surplus supply, or other conditions.
Source
Laws 1981, LB 38, § 1;
R.S.1943, (1981), § 81-217.29;
Laws 1987, LB 201, § 1;
Laws 1989, LB 17, § 1.
Cross References
Penalty for resale of donated foods, see section 28-1483.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,190 - Not-for-profit organization, defined.

25-21,190.
Not-for-profit organization, defined.
As used in sections 25-21,190 to 25-21,193, unless the context otherwise requires, not-for-profit organization shall mean any not-for-profit entity which is exempt from federal income taxation pursuant to section 501(a) of the Internal Revenue Code and listed as an exempt organization in section 501(c)(2), (3), (4), (5), (6), (7), (8), (11), or (19) of the Internal Revenue Code and which is engaged in one or more activities within this state in furtherance of a purpose for which it is organized.
Source
Laws 1987, LB 67, § 1;
Laws 1988, LB 912, § 1;
Laws 1995, LB 574, § 39.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,191 - Not-for-profit organization; director, officer, or trustee; immunity from civil liability.

25-21,191.
Not-for-profit organization; director, officer, or trustee; immunity from civil liability.
(1) On or after August 30, 1987, any person who serves as a director, officer, or trustee of a not-for-profit organization and who is not compensated for his or her services as a director, officer, or trustee on a salary or a prorated equivalent basis shall be immune from civil liability for any act or omission which results in damage or injury if such person was acting within the scope of his or her official functions and duties as a director, officer, or trustee unless such damage or injury was caused by the willful or wanton act or omission of such director, officer, or trustee.
(2) Nothing in this section shall be construed to establish, diminish, or abrogate any duties that a director, officer, or trustee of a not-for-profit organization has to the not-for-profit organization for which the director, officer, or trustee serves.
(3) For purposes of this section, a director, officer, or trustee shall not be considered compensated solely by reason of the payment of his or her actual expenses incurred in attending meetings or in executing such office, the receipt of meals at meetings, or the receipt of gifts not exceeding a total value of one hundred dollars in any twelve consecutive months.
Source
Laws 1987, LB 67, § 2.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,192 - Not-for-profit organization; limitation on immunity.

25-21,192.
Not-for-profit organization; limitation on immunity.
The individual immunity granted by section 25-21,191 shall not extend to any act or omission of such director, officer, or trustee which results in damage or injury (1) caused by such director, officer, or trustee during the operation of any motor vehicle, airplane, or boat or (2) caused by such director, officer, or trustee while impaired by alcohol or any controlled substance enumerated in section 28-405.
Source
Laws 1987, LB 67, § 3.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,193 - Not-for-profit organization; sections, how construed.

25-21,193.
Not-for-profit organization; sections, how construed.
Except as provided in section 25-21,191, sections 25-21,190 to 25-21,193 shall not be construed to establish, diminish, or abrogate any duty that a director, officer, or trustee of a not-for-profit organization has to any individual or organization.
Source
Laws 1987, LB 67, § 4.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,200 - Contract; void and unenforceable; definition.

25-21,200.
Contract; void and unenforceable; definition.
(1) A surrogate parenthood contract entered into shall be void and unenforceable. The biological father of a child born pursuant to such a contract shall have all the rights and obligations imposed by law with respect to such child.
(2) For purposes of this section, unless the context otherwise requires, a surrogate parenthood contract shall mean a contract by which a woman is to be compensated for bearing a child of a man who is not her husband.
Source
Laws 1988, LB 674, § 1.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,202 - Actions against state; complaint; contents.

25-21,202.
Actions against state; complaint; contents.
The claimant shall, in all cases, file a complaint setting forth (1) the facts out of which the claim originally arose; (2) the action of the Legislature, or of any department of the government thereon, if any such has been had; (3) what person or persons is the owner or are the owners thereof, or in anywise interested therein; (4) that no assignment or transfer of the same, or any part thereof, or interest therein, has been made, except as stated in the complaint; and (5) that the claimant is justly entitled to the amount claimed therein from the state after allowance of all just credits and setoffs.
Source
Laws 1877, § 2, p. 20;
R.S.1913, § 1178;
C.S.1922, § 1101;
C.S.1929, § 27-320;
R.S.1943, § 24-320;
R.S.1943, (1985), § 24-320;
Laws 2002, LB 876, § 50.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,203 - Actions against state; summons; venue.

25-21,203.
Actions against state; summons; venue.
When action is brought under section 25-21,201, summons shall be served upon the state in the manner provided for service of a summons in section 25-510.02. An action brought under subdivision (4) of section 25-21,201 may be brought in Lancaster County, Nebraska, or in any county in which the drainage district, irrigation district, municipal corporation, or other political or governmental subdivision whose bonds or other obligations are involved is situated either in whole or in part.
Source
Laws 1877, § 3, p. 20;
R.S.1913, § 1179;
C.S.1922, § 1102;
C.S.1929, § 27-321;
Laws 1937, c. 61, § 2, p. 240;
Laws 1941, c. 49, § 2, p. 240;
C.S.Supp.,1941, § 27-321;
R.S.1943, § 24-321;
Laws 1963, c. 130, § 1, p. 497;
Laws 1983, LB 447, § 13;
Laws 1988, LB 864, § 2;
R.S.Supp.,1988, § 24-321;
Laws 1997, LB 165, § 2.
Annotations
Suit brought against State Engineer by name was not sufficient to make the state a party to the action. Rumbel v. Ress, 166 Neb. 839, 91 N.W.2d 36 (1958).
Board of Educational Lands and Funds served with process in accordance with this section. County of Garden v. Schaaf, 145 Neb. 676, 17 N.W.2d 874 (1945).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,204 - Actions against state; judgment.

25-21,204.
Actions against state; judgment.
The court in which such action may be brought shall hear and determine the matter upon the testimony according to justice, as upon the amicable settlement of a controversy, and shall render award and judgment against the claimant, or the state, as upon the testimony justice may require.
Source
Laws 1877, § 4, p. 20;
R.S.1913, § 1180;
C.S.1922, § 1103;
C.S.1929, § 27-322;
R.S.1943, § 24-322;
R.S.1943, (1985), § 24-322.
Annotations
Statute forbids court from construing doubtful contract provision so that it operates oppressively against one of the parties. In re Appeal of the Roadmix Construction Corp., 143 Neb. 425, 9 N.W.2d 741 (1943); Lyman-Richey Sand & Gravel Co. v. State, 123 Neb. 674, 243 N.W. 891 (1932).
Where state built a cheap, temporary and inadequate bridge, thereby damaging plaintiff's property, justice and right required payment of compensation therefor. Gledhill v. State, 123 Neb. 726, 243 N.W. 909 (1932).
"Justice and right" is construed in reference to damages caused by a bridge constructed by state and county jointly. Nine Mile Irr. Dist. v. State, 118 Neb. 522, 225 N.W. 679 (1929).
In case where legislative authority is given to sue state for property damages, court may, where "justice and right" require it, include interest in a judgment rendered against the state. City of Chadron v. State, 115 Neb. 650, 214 N.W. 297 (1927), rehearing denied 115 Neb. 657, 215 N.W. 137 (1927).
Under principle of "justice and right," state is not liable for loss of cattle through negligence of individual members of state surveying party. Benda v. State, 109 Neb. 132, 190 N.W. 211 (1922).
In authorized suit on claim against state, court should render judgment upon testimony as right and justice may require. Commonwealth Power Co. v. State, 104 Neb. 439, 177 N.W. 745 (1920).
It is the duty of the court to brush aside technical defenses, and lapse of time should not be permitted to defeat just claim. Lancaster County v. State, 97 Neb. 95, 149 N.W. 331 (1914).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,205 - Actions against state; adjudicated claims; certified statement to Legislature; when transmitted.

25-21,205.
Actions against state; adjudicated claims; certified statement to Legislature; when transmitted.
On the first day of each regular session of the Legislature, the clerks of the several district courts shall transmit a full and complete statement of all claims adjudicated in the courts during the previous year, certified by the clerk and signed by the judge of such court, showing the claimant, the amounts claimed, and the judgment rendered for or against the claimant.
Source
Laws 1877, § 5, p. 20;
R.S.1913, § 1181;
C.S.1922, § 1104;
C.S.1929, § 27-323;
R.S.1943, § 24-323;
R.S.1943, (1985), § 24-323;
Laws 1990, LB 822, § 18.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,206 - Actions against state; where brought; procedure; transfer of actions.

25-21,206.
Actions against state; where brought; procedure; transfer of actions.
The state may be sued in the district court of Lancaster County in any matter founded upon or growing out of a contract, express or implied, originally authorized or subsequently ratified by the Legislature, or founded upon any law of the state. The complaint in such a case shall be as provided in section 25-21,202, summons shall issue and be served in the same manner as provided in section 25-21,203. The rules of pleading and practice in regard to other civil actions in the district court shall be observed in all actions by or against the state, as far as applicable except as otherwise provided in sections 25-21,201 to 25-21,218. If an action is commenced in a county other than as specified in this section or section 25-21,203, the court in which the action has been commenced shall have jurisdiction over such action, but upon timely motion by a defendant, the court shall transfer the action to the proper court in the county in which the action should or might have been commenced as provided in this section or section 25-21,203. The court in the county to which the action is transferred, in its discretion, may order the plaintiff to pay to the defendant all reasonable expenses, including attorney's fees of the defendant or defendants, incurred because of the improper venue or in proceedings to transfer such action.
Source
Laws 1877, § 6, p. 21;
R.S.1913, § 1182;
C.S.1922, § 1105;
C.S.1929, § 27-324;
R.S.1943, § 24-324;
Laws 1971, LB 576, § 1;
R.S.1943, (1985), § 24-324;
Laws 2002, LB 876, § 51.
Annotations
This section expressly waives the State's sovereign immunity, but only if all requirements of the section are met. Burke v. Board of Trustees, 302 Neb. 494, 924 N.W.2d 304 (2019).
The waiver of immunity under this section is broad enough to encompass class action suits. Livengood v. Nebraska State Patrol Ret. Sys., 273 Neb. 247, 729 N.W.2d 55 (2007).
Where statutes provide an exclusive remedy against state and a particular forum for a judicial trial, one branch of Legislature alone cannot extend jurisdiction to another forum. Scotts Bluff County v. State, 133 Neb. 508, 276 N.W. 185 (1937).
Action against state based on contract must be brought in Lancaster County district court, and resolution of only one branch of Legislature cannot vest any other court with jurisdiction. McNeel v. State, 120 Neb. 674, 234 N.W. 786 (1931).
Allowance or disallowance of claim by Auditor of Public Accounts and Secretary of State may be reviewed by appeal to district court, pursuant to statutory requirements. Pickus v. State, 115 Neb. 869, 215 N.W. 129 (1927).
State may be sued in district court of county where Capital is located in matters founded on or growing out of contract, or founded on law. Peterson v. State, 113 Neb. 546, 203 N.W. 1002 (1925).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,207 - Actions by state; counterclaims.

25-21,207.
Actions by state; counterclaims.
In any civil action instituted by the state, except in actions for the collection of revenue, for school or other trust funds, or against defaulting officers and their sureties or insurance providers as specified in section 11-201, the defendant may, as matter of defense, plead any setoff, counterclaim, or cross-demand that he or she may have arising to him or her in his or her own right, and upon which an action could be maintained by him or her against the state.
Source
Laws 1877, § 7, p. 21;
R.S.1913, § 1183;
C.S.1922, § 1106;
C.S.1929, § 27-325;
R.S.1943, § 24-325;
R.S.1943, (1985), § 24-325;
Laws 2004, LB 884, § 14.
Annotations
In action by state against gasoline dealer to recover excise taxes, dealer may not counterclaim for taxes alleged to have been collected under void law, since the action is for the collection of revenue. State v. Smith, 135 Neb. 423, 281 N.W. 851 (1938).
Attorney General has no general authority to appear in suits against state in federal court and waive state's immunity from suit. O'Connor v. Slaker, 22 F.2d 147 (8th Cir. 1927).