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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.

Domina Law Group Attorneys Meet with Sewer Backup Victims

Several hundred residents of Lincoln, Nebraska were effected by two sewer backups. Now, Domina Law Group is meeting with victims to discuss potential legal actions against the city. The city has already established a $1 million disaster assistance program, but that money only covers the cost of cleanup. The assistance fund will not be enough to cover all backup-related costs.

Megan Mikolajczyk and Brian Jorde of Domina Law Group met with some of the victims yesterday at Huntington Elementary School to discuss legal rights and options after the two wastewater backups.

Domina Law Group attorneys are experienced in the art of advocating for individuals who have been harmed by the negligence of both municipalities and government agencies. Mikolajczyk and Jorde touched on facts homeowners and renters should know about potential legal action involving the city of Lincoln over the backups.

There can be a lot of hype after a large incident such as this one, which is why Domina Law Group is committed to separating fact from fiction and providing sound, practical advice for anyone who might have been affected.

About the Incident

On October 1 of last year, there was a large rainstorm in Lincoln. The storm produced so much rainwater that it flooded the Theresa Street Wastewater Treatment Facility. Another rainstorm caused a similar incident on May 6-7 this year. Because the facility was flooded on these dates, wastewater couldn’t make its way into the facility, causing the backups.

The city of Lincoln denies legal responsibility for the October 1 and May 6-7 backups, saying the incident was an act of God, rather than an act of negligence.

Facts About the Disaster Assistance Program

  • The assistance program is separate from any potential legal proceedings resulting from the two incidents.
  • The assistance program is first-come, first-serve and available only to victims whose insurance does not cover the cost of the backup damage.
  • The assistance program is limited to $5,000 per event
  • The assistance program only covers cleanup costs. This means that if the sewer backup ruined your carpeting, the money might be able to cover the cost of time/labor for ripping out the damaged carpet, but not the cost of replacing the carpet.

If you were affected by either of the Theresa Street flooding incidents in Lincoln, we invite you to contact an attorney at Domina Law Group to get the facts about potential claims against the city.

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