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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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Domina Law Group Represents Family in Drowning Lawsuit

Domina Law Group is representing a mother who has filed a wrongful death lawsuit on behalf of her son, who died in a drowning accident last year.

David Michael Farr was tragically killed last year after the vehicle he was driving became stuck in floodwater in Bellevue. Farr was able to climb out of his vehicle, but only to be sucked into a nearby storm drain where he drowned. Domina Law Group is representing Farr’s mother in the wrongful death lawsuit.

The suit is actually two lawsuits being tried together, per Sarpy County District Court Judge Max Kelch’s decision on Monday. The suit names three defendants: BirchCrest Apartments, a nearby property owner, Seldin Company, the management company for BirchCrest Apartments, and the City of Bellevue.

The lawsuits claim that the defendants were negligent in properly maintaining the area where Farr drowned, primarily the storm drains.

Jorde called Farr’s drowning death “foreseeable,” saying that the area “had known problems with pooling of water.”

One of the attorneys for the defendants maintains that, while the accident was tragic, Farr was to blame for his own death, and the defendants “could not have foreseen” this type of accident.

Additionally, Domina Law Group is challenging the constitutionality of a certain Nebraska law that:

  1. Limits damages against political subdivisions in tort claims, and
  2. Maintains that cases of this nature exclude a jury.

Since this case involves claims against companies and a political subdivision, a jury will hear the case. However, the portion involving the claim against the city will be a bench trial (trial by judge). For more information on this case, visit the Omaha World Herald.

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