Answer: Daniel O'Connell v. Candice N Dollar

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                                Filed in Phelps District Court
                                                                             *** EFILED ***
                                                                   Case Number: D37CI240000014
                                                                     Transaction ID: 0021282083
                                                              Filing Date: 03/08/2024 03:54:58 PM CST



       IN THE DISTRICT COURT OF PHELPS COUNTY, NEBRASKA

 DANIEL O’CONNELL,                           )             Case No. 24 - 14
                                             )
                Plaintiff,                   )
                                             )                ANSWER
 vs.                                         )
                                             )
 CANDICE N. DOLLAR and                       )
 FARM BUREAU FINANCIAL                       )
 SERVICES,                                   )
                                             )
                Defendant.                   )

       COMES NOW Defendant Farm Bureau Financial Services and through its
attorney, answers Plaintiff’s Complaint as follows:

1.      Admits Plaintiff O'Connell is a resident of Bertrand, Phelps County,
        Nebraska.

2.      Admits this Defendant is based in Iowa and through its affiliated
        companies does business in Nebraska.

3.      Admits that this Defendant and/or its affiliated entity, Farm Bureau
        Property & Casualty Insurance Company, provided workers compensation
        insurance coverage for the Plaintiff’s employer on September 9, 2021.

4.      Admits that on September 9, 2021, the Plaintiff was driving a vehicle
        owned by his employer, Morten Electric, returning to the Morten shop as
        part of his work duties, when he was involved in a collision with
        Defendant Dollar at the intersection of 736 Road and M Road in Phelps
        County.

5.      Admits the Plaintiff had the right of way and Defendant Dollar failed to
        yield the right of way in her vehicle, in violation of a stop sign and
        Nebraska law, negligently causing the accident and some injury to the
        Plaintiff.




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6.     Admits this Defendant or its affiliate has paid benefits under the Nebraska
       Workers Compensation Act to and on behalf of the Plaintiff because of the
       September 9, 2021 collision.

7.     Admits this Defendant or its affiliate has a statutory subrogation right of
       recovery against Defendant Dollar, pursuant to Nebraska Revised Statutes
       Sections 48-118 through 48-118.04.

8.     Generally denies each and every other allegation in the Plaintiff’s
       complaint.

        WHEREFORE, Defendant Farm Bureau Financial Services respectfully
requests that judgment be entered against Defendant Dollar for any and all
damages caused by the September 9, 2021 collision and that, if necessary, this
Court fairly and equitably distribute any judgment amount between the Plaintiff
and this Defendant, including a credit to this Defendant for the amount allocated
to the Plaintiff.


       DATED this 8th day of March, 2024.


                                     FARM BUREAU FINANCIAL
                                     SERVICES, Defendant


                              By:      /s/ Joel D. Nelson
                                     Joel D. Nelson #21310
                                     KEATING, O’GARA, NEDVED
                                         & PETER, PC, LLO
                                     200 South 21st Street, Suite 400
                                     P.O. Box 82248
                                     Lincoln, Nebraska 68501-2248
                                     Phone: (402) 475-8230
                                     Fax: (402) 475-8328
                                     jdn@keatinglaw.com




                                        2
                                Certificate of Service
   I hereby certify that on Friday, March 08, 2024 I provided a true and correct copy of the
Answer to the following:


    O'Connell,Daniel, represented by Wurl, Brock D. (Bar Number: 24464) service method:
Electronic Service to brock@midnelaw.com


Signature: /s/ Nelson,Joel,D. (Bar Number: 21310)