Rasmussen v. State Farm Mutual Insurance

One winter day in Omaha, Nebraska, as Krista Lisbon (defendant) was driving, her car slid across the interstate into a ditch. Brent Rasmussen (plaintiff) stopped his car and walked to Lisbon’s car to see whether she was hurt. Brent attempted to help Lisbon get her car out of the ditch by rocking it, but this did not work. Brent returned to his car to get a tow rope as another driver, who had also stopped to offer assistance, was entering the ditch. Suddenly, a car driven by Marilyn Anderson slid off the road, striking Brent, the other driver, and Lisbon’s car, which was owned by Gary Bosch, Lisbon’s stepfather. Brent was severely injured, requiring his left foot to be amputated. Both Brent’s car and Lisbon’s car were insured by State Farm Mutual Insurance (State Farm) (defendant). State Farm paid Brent and his wife, Kim Rasmussen (plaintiff), $100,000 under their automobile-insurance policy’s underinsured-motorist provision. However, State Farm denied the claim the Rasmussens filed under the insurance policy covering Lisbon’s car, issued to her parents. The Rasmussens sued Lisbon and State Farm, asserting that Brent’s injuries should be covered under Bosch’s policy. Brent alleged that Lisbon had put him in danger by driving her car negligently. Lisbon responded that she did not owe a duty to Brent that would substantiate an independent negligence claim. Lisbon also averred that the rescue doctrine did not apply to a situation in which a rescuer attempted to sue the person rescued for negligence rather than a third party whose negligence endangered the person needing rescue. State Farm moved for summary judgment, which a district court granted, dismissing the Rasmussens’ claim with prejudice. Lisbon also moved for summary judgment. Although the district court determined that material issues of fact existed, the court granted Lisbon summary judgment, ruling that Lisbon did not owe the Rasmussens a legal duty and that Nebraska law did not permit a claim pursuant to the rescue doctrine if the individual attempting a rescue sued the individual rescued. The Rasmussens appealed. An appellate court affirmed the grant of summary judgment in State Farm’s favor and considered the district court’s grant of summary judgment to Lisbon.