DAVID KLINE, SR., Plaintiff,
v.
THE CITY OF OMAHA, NEBRASKA, Defendant.
No. 2069
Doc. 213
Nebraska Workers' Compensation
October 17, 2017
Justin
W. High Attorney at Law High & Younes
William J. Acosta-Trejo Timothy G. Himes, Sr. Assistant City
Attorneys
ORDER
JULIE
A. MARTIN, JUDGE.
This
matter came on before the Court on October 4, 2017, on
plaintiff's third Motion for Partial Summary Judgment.
The parties appeared through counsel. Plaintiff offered
Exhibits 1 through 10, which were received into evidence
without objection. Argument was presented. The Court, being
otherwise fully advised in the premises, finds as follows:
Summary
judgment is proper when the pleadings and evidence admitted
at the hearing disclose no genuine issue as to any material
fact or as to the ultimate inferences that may be drawn from
those facts and that the moving party is entitled to judgment
as a matter of law. Bennett v. St. Elizabeth’s
Health System, 273 Neb. 300, 729 N.W.2d 80 (2007). The
question is not how a factual issue is to be decided, but
whether any real issue of material fact exists. New Tek
Mfg. v. Beehner, 270 Neb. 264, 702 N.W.2d 336 (2005).
When deciding a motion for summary judgment the Court is
required to view the evidence, and all reasonable inferences
that may be derived from the evidence, in the light most
favorable to the party against whom the motion is directed.
Any reasonable doubt touching on the existence of any genuine
issue of material fact must be resolved against the moving
party. Mayer v. Howard, 220 Neb. 328, 370 N.W.2d 93
(1985).
This
Court had previously found plaintiff suffered a compensable
accident and injury arising out of his employment on December
30, 2010, and ordered defendant provide certain medical care
for his work injury. (E1, E3). Plaintiff’s injuries
included a ruptured ear drum on the left, chronic headaches,
chronic balance issues, and alterations in his vision. (E4,
p.5). Ted Stricklett completed a Loss of Earning Capacity on
September 2, 2014. (E5, p.1). Consideration was given to the
restrictions in place for plaintiff at...
