Virge v. Beth or Elisabieth DeFreece, 082018 NEWC, 1561

Case DateAugust 20, 2018
CourtNebraska
GLEN ALAN VIRGE, Plaintiff,
v.
BETH OR ELISABIETH DEFREECE!, Defendant.
No. 1561
Doc. 217
Nebraska Workers' Compensation
August 20, 2018
          Ellen A. Deaver Attorney at Law Atwood, Holsten, Brown, Deaver & Spier Law Firm, PC, LLO           ORDER OF DISMISSAL           Dirk V. Block, Judge          On August 13, 2018, this matter came before the Court in North Platte, Lincoln County, Nebraska, on defendant’s Motion for Summary Judgment. The defendant appeared through her attorney, Ellen A. Deaver. The plaintiff appeared, unrepresented by counsel. In support of her Motion, defendant offered Exhibits 1-3, which were received. The plaintiff offered no exhibits. Arguments were heard, and the Court being duly advised in the premises, finds as follows:          BACKGROUND          Plaintiff alleges an injury to his left arm, which occurred on July 15, 2017, while moving furniture. Plaintiff’s Petition further alleges he was employed by the defendant as a laborer, earning $5 to $10 per week. The defendant, Beth or Elisabieth DeFreece, alleges she is not an employer as defined by the Workers’ Compensation Act.          UNDISPUTED FACTS          The following facts were uncontested:
1. Plaintiff was a resident of The Connections Homeless Shelter (hereafter “the Shelter”) in North Platte, Nebraska, on July 15, 2017. (E2).
2. Plaintiff claims he was injured while moving a couch at the Shelter thrift store on July 15, 2017. (E2 and Plaintiff’s Petition).
3. That the defendant, at all times relevant hereto, was the Executive Director and was a salaried employee of the Shelter. (E1, E2).
4. That defendant has never had any ownership interest in the Shelter. (E1).
5. That at no time did the defendant, in her personal capacity, ever hire or employ the plaintiff to perform any work. (E1).
6. That at no time did the defendant, in her individual capacity, pay plaintiff a salary, wages or other earnings for performing any tasks or jobs. (E1).
         Plaintiff offered no admissible evidence refuting these facts.          AN...

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