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Nippert v. Shinn Farm Construction Co.

Nebraska Supreme Court

223 Neb. 236, 388 N.W.2d 820 (1986)

Facts

While in the employ of Shinn Farm Construction Company (Shinn) (defendant), Dennis Nippert (plaintiff) and several other workers were erecting a hog shed on a farm near Wamego, Kansas, when a tornado struck. Nippert suffered severe and disabling injuries after being picked up by the tornado and thrown to the ground 30 feet away. Shinn paid Nippert’s medical expenses and temporary disability benefits but disputed liability when Nippert filed a petition seeking additional benefits. Applying the increased-risk doctrine, the workers’-compensation court rejected Nippert’s claim for benefits, and Nippert appealed.

Rule of Law

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Issue

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Holding and Reasoning (Per curiam)

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Dissent (Caporale, J.)

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