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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.

Church wins second case in Appellate Court.

More than 75 persons were interviewed. "We took charge of the evidence, and made it clear to everyone in the Church that something would be done in a highly professional, and completely thorough manner," said David Domina.

A large Nebraska Church, and its affiliated elementary school were devastated when the school's long-time principal and a second long-time faculty member were both accused of repeated sexual assaults on students. Suits against the Church and School rocked the community, upset the sereneness of congregational life, and challenged the attitudes of friends and family members who found themselves at odds with one another as they tried to deal with the unexpected news.

Domina Law Group pc llo was asked to take over. An immediate and aggressive investigation was conducted.

Then, the lawyers went to Court.

Last week, Claudia Stringfield-Johnson's efforts on appeal produced another victory for the Church. The Nebraska Court of Appeals upheld a Trial Court decision in favor of Domina Law Group pc llo's Church client and members.

"The Court of Appeals held the Claimant was fully competent, understood the nature of her rights, and chose not to bring claims for many years," Stringfield-Johnson explained. "The statute of limitations governing cases of this kind expired, years before suit was filed, and the Church prevailed in its approach."

Domina and Stringfield-Johnson said the Court of Appeals victory is important to the Congregation and its continuing ministry. "The Church is getting back to the business of its mission. It has extended its mission to persons with special needs as a result of early life experiences," Stringfield-Johnson said. "Our investigation makes it clear no person in a position of authority at the Church or School were aware of the terrible acts committed by the two faculty members. They were immediately discharged. One is deceased. The other was excommunicated, and then reinstated on conditions," Domina added.

Domina Law Group pc llo's work for the Church, "allowed the legal process to run its course with dignity and honor. Our obligation was to be responsible, respectful, polite, and accurate as we worked for the Church," Domina and Stringfield-Johnson said. We are grateful for the Congregation that it can move on now.

October 5, 2005
David A. Domina

Domina Law Group pc llo is a firm of trial lawyers. We specialize in complex litigation on a national basis. Our lawyers are ethical, aggressive, and committed to providing spirit and vitality to the judicial system and our client’s legal rights.

Categories: Appellate Court

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