Personal Injury Lawyers Lincoln Ne – Jeff Downing is a third-generation Nebraska attorney whose professionalism and experience have earned him wide recognition among his peers. He is a member of the invitation-only American College of Trial Lawyers (limited to one percent of lawyers nationwide), the American Board of Trial Advocates (dedicated to preserving the right to a jury trial), and a “Super Lawyer” in personal injury litigation.
Mr. Downing’s work framed Nebraska law, generating five law review articles and thousands of citations to secondary sources and later cases. Law review articles draw particular inspiration from the legal backgrounds of their cases:
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, the Nebraska Supreme Court struck down the guest/licensee distinction in premises liability law, a rule that dates back to the common law of England (one of the many mistakes the British made in our foundation!) This decision represents a significant change in Nebraska. Reduce the injured party’s burden in their claims against negligent landlords
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Rader v. In Johnston, 924 F. Supp. 1540 (D. Neb. 1996), a federal court held for the first time that a student could be exempted from housing requirements on a college campus on religious grounds. Fulton v. The Rader decision was recently cited by the United States Supreme Court in its landmark decision in City of Philadelphia, 141 S.Ct. (2021)
Mr. Downing is rated “AV” by his fellow lawyers and judges, who stand before him with the highest legal ability and ethical standards. He is also a member of the United States Supreme Court Bar and a Life Fellow of the Nebraska State Bar Foundation. For arguing constitutional cases, Mr Downing was inducted into the ADF Honor Guard. Mr. Downing has presented at numerous CLE events and has served several legal organizations that coordinate educational opportunities for Nebraska attorneys on topics ranging from constitutional and judicial law to legal ethics.
For more than thirty years, Mr. Downing is unique.
Ellis v. In Houston, 742 F.3d 307 (8th Cir. 2014), Mr. Downing filed a federal civil rights lawsuit on behalf of five African-American prison guards who faced racially hostile working conditions and retaliation when they dared to complain. After extensive litigation, the case was dismissed. Mr. Downing successfully appealed to the Eighth Circuit, which rejected the group’s contention that the lower court had used a new — and flawed — rule “as if there were only one plaintiff and one defendant.” After remand, the case was settled for more than $775,000.
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Doe v. School District of Norfolk, 340 F.3d 605 (8th Cir. 2003), the court held that a school board member’s prayer at graduation did not violate the Establishment Clause.
ACLU of Nebraska v. In City of Plattsmouth, 419 F.3d.772 (8th Cir. 2005), the Court held that the display of a Ten Commandments monument in a city park was constitutional.
In the Matter of Anaya, 276 Neb. 825, 758 N.W.2d 10 (2008), a case that gained national attention, the Nebraska Supreme Court held that a juvenile court’s aggressive jurisdiction over an infant whose parents objected to medical examinations mandatory for religious reasons. The Supreme Court ruled that the order of the juvenile court was “null and void”.
Mr. Downing won the ban on grounds of religious freedom and equal protection for Native American prisoners who wanted to have 8-hour religious services instead of the limited 3-hour period imposed by the administration.
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Olmer v. In re City of Lincoln, 23 F. Supp. 2d 1091 (D. Neb. 1998), Mr. Downing was also present.
, Mr. Downing sued for the Confined Pamphlet Ordinance, which prohibited the unauthorized distribution of pamphlets, posters, and pamphlets. Once the lawsuit was filed, the ordinance was overturned.
, Downing successfully represented a group of street preachers who sued after they were arrested and had a 15-foot cross seized as evidence. Another settlement included paying $500, circulating a memorandum on freedom of speech and freedom of religion (authorized by Mr. Downing) to the Sheriff’s Department to better educate them about civil rights and restitution of the cross to the plaintiffs.
Mr. Downing is a member of the Nebraska Trial Lawyers Association and has recovered millions of dollars on behalf of Nebraska victims of medical malpractice, defective products and the negligence of others. A sampling of his notable cases include:
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*Successfully prosecuted the case of a young woman who was tragically paralyzed when an inexperienced neurosurgeon (who offered the patient this procedure as his “bread and butter”) inadvertently injured her spine during surgery
*On behalf of a young woman who was left paralyzed and permanently injured after a pain management doctor injected her spinal cord in a routine procedure that left her without the use of her left arm and left side.
* Successfully litigated a product liability case involving a defective gas cap on a lawnmower that exploded and burned over 70% of our client’s body. After extensive litigation, the case was settled for more than two million dollars.
* Successfully litigated a federal medical malpractice claim on behalf of a client with an advanced, disabling form of breast cancer due to a clinic’s failure to communicate problematic radiographic imaging results.
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*Successfully resolved complex injury cases arising from boating injuries including: Missouri River boating accident resulting in permanent injury and disfigurement (case settled for over $500,000); Propeller injury that nearly severed young man’s arm results in $500,000 settlement; A product liability case in which our client was injured due to the negligence of a towed water toy because the driver of the boat and the person operating the water toy could not see or communicate with each other if the rider was in danger (Eventually, the dangerous product was withdrawn from the market.)
*A $600,000 settlement for the wrongful death of a young disabled woman at the Beatrice State Developmental Center. A state investigation revealed that a series of cascading errors led to his death, and the state’s chief medical officer declared the center too dangerous for “medically fragile” residents. This case led to significant improvements in the delivery of care at BSDC.
* A $1,653,650 verdict was obtained in Lancaster County District Court for a young man who suffered a traumatic brain injury in a motor vehicle accident that left him with permanent impairments in cognitive function, l ‘sustained attention and motivation. Self-initiation and social functioning.
* Successfully represented 4 plaintiffs who contracted hepatitis C when a Fremont Cancer Clinic nurse used a common saline bag on several patients while administering chemotherapy, resulting in the largest hepatitis C outbreak in our history country
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* Following landmark litigation, the tragic death case of a 3-year-old boy who died following the negligent removal of a breathing tube has been successfully resolved. The boy was hospitalized with croupy-type illness, but had to be sedated and intubated to treat the infection. When the lung tube became blocked upon discharge, hospital staff made the unfortunate decision to pull the tube and did not consult a doctor for more than ten minutes, resulting in irreversible brain damage .
*Successfully litigated a complex medical malpractice case involving a truck driver who survived a single vehicle accident. Back home after another call, the rural ambulance service went to the scene of the accident and found the lorry driver lying in a ditch near his overturned rig. Emergency personnel stabilized the victim and transported him to the hospital, where Bach was pronounced dead by intubation during exploratory surgery.
*A 54-year-old college professor who died after his family doctor failed to order a timely transesophageal echocardiogram successfully litigated the case. The teacher had been ill for several months and had frequent bouts of fever, during which time he saw his family doctor on several occasions. Every time the doctor treats the symptoms like a cold or the flu instead of ordering a TEE. When an appropriate test was ordered, “massive vegetations” were revealed on the patient’s artificial heart valve.
*A totally disabled man successfully litigated his case and became an inspiration to all he knew. Unfortunately, due to the carelessness of his caregivers, the client, nearly immobile and unable to speak, lay down carelessly and drowned.
The Nebraska Lawyer January/february 201e By Elisa Oria
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