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TEAGUE EX REL. MARTINOSKY v. CROSSROADS COOPERATIVE ASSOCIATION

No. S-12-702.

834 N.W.2d 236 (2013)

286 Neb. 1

ESTATE OF Joseph James TEAGUE, deceased, by and through his Personal Representative, Joani M. MARTINOSKY, Appellant, v. CROSSROADS COOPERATIVE ASSOCIATION, a Nebraska Corporation, Appellee.

Supreme Court of Nebraska.

Filed May 31, 2013.

Attorney(s) appearing for the Case

R. Kevin O'Donnell and Michael D. Samuelson , of McGinley, O'Donnell, Reynolds & Korth, P.C., L.L.O., for appellant.

Steven W. Olsen and John F. Simmons , of Simmons Olsen Law Firm, P.C., for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ., and RIEDMANN, Judge.

McCORMACK, J.

I. NATURE OF CASE

The employer in this case willfully violated safety regulations and thereby caused the tragic death of one of its employees. The employee's estate brought tort actions against the employer in district court rather than seeking compensation under the Nebraska Workers' Compensation Act (the Act).1 This it cannot do. Despite the egregiousness of the employer's conduct, the injury was still an "accident...

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