Lemus v. Sanderfoot Wind & Excavating, Inc., 033120 NEWC, 0237

Case DateMarch 31, 2020
CourtNebraska
OCTAVIO RODRIGUEZ LEMUS, Plaintiff,
v.
SANDERFOOT WIND & EXCAVATING, INC., AND ITS INSURANCE, TRAVELERS, Defendants.
No. 0237
Doc. 220
Nebraska Workers' Compensation
March 31, 2020
          James R. Walz Attorney at Law Walz Law Office, PC, LLO           Dennis R. Riekenberg Attorney at Law Cassem, Tierney, Adams, Gotch & Douglas          ORDER           DIRK V. BLOCK, JUDGE.          This matter came on for hearing on March 23, 2020, on Defendants’ Motion to Dismiss. Plaintiff was represented by James R. Walz and defendants were represented by Dennis R. Riekenberg. At the time of hearing, defendants offered Exhibits 1 and 2, which were received. The plaintiff, in turn, offered Exhibit 3, which was received. On its own motion, the Court takes judicial notice of plaintiff’s Petition filed February 21, 2020. Evidence was adduced and arguments of counsel were heard. The Court being duly advised in the premises finds as follows:          Defendants seek an order dismissing plaintiff’s Petition asserting a lack of personal jurisdiction over the defendant, Sanderfoot Wind & Excavating, Inc. (hereinafter, Sanderfoot). In support of his Motion to Dismiss, Sanderfoot asserts: • that its regular business is the installation of foundations for wind turbines (E1:1); • that its principal place of business is Neenah, Wisconsin (E1:1); • that it has never installed or employed individuals to install foundations for wind turbines in the State of Nebraska (E1:1); • that it has never had an office in the State of Nebraska, including June 12, 2019 (E1:1); • that plaintiff’s contract for hire was not made within the State of Nebraska (E1:1).          Plaintiff’s Petition alleges he suffered an accident arising out and in the course of his employment with Sanderfoot. Plaintiff alleges the accident occurred in Oklahoma on June 12, 2019. Plaintiff alleges he suffered injuries entitling him to workers’ compensation benefits. The Petition alleges that plaintiff is a resident of Nebraska and that Sanderfoot primarily conducts business in Neenah, Wisconsin. The Petition does not allege that Sanderfoot performs work in Nebraska, nor does it allege plaintiff’s contract of employment with Sanderfoot was entered into in Nebraska.          Exhibit 3 is a certificate of coverage signed by a Records Officer, Lorra T. O'Banion, which reflects that Sanderfoot carried workers’ compensation insurance coverage pursuant to Nebraska law between 2018 to current. This exhibit also reflects...

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