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Mondelli v. Kendel Homes Corp.

With regard to the Mondellis' appeal, we conclude that the district court abused its discretion in excluding the testimony of Drs. Pour and King. This exclusion of evidence was prejudicial error. The district court did not abuse its discretion in refusing to allow joinder of the claims of the Mondelli family.

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Trial is legal surgery, the narrowest specialty, and it requires unique skills. Our clients want our service and hope they never need it again- like surgery.

Jury Dramatically Increases Eminent Domain Award

A Dixon County NE jury responded to Dave Domina's arguments for a landowner by dramatically increasing damages for land taken by a Natural Resources District for a flood control project.

The Lewis & Clark NRD condemned about 30 acres of land owned by David Armstrong of Newcastle, cutting his farm in half. Armstrong appealed and asked that his damages be established by a jury.

David Domina opened the Armstrong case before the jury with evidence that the taken land was adjacent to a 135 year-old site where Armstrong's maternal grandmother's family lived in a dugout for their first couple years as Nebraska immigrants from Ireland.

This evidence was followed with economic and appraisal evidence and family testimony about the importance of the land taken and the depressed value of the remaining parcel.

The 12-person jury responded to Domina's arguments by increasing the original county board of appraiser's award by nearly 50%. Domina Law Group's client will be entitled to recover attorney's fees and appraiser's fees as a result of the significant increase in the award.

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