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...