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
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:
- Limits damages against political subdivisions in tort claims, and
- 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.