Christensens file motion for new trial

Staff Writer

According to Custer County District Court records, attorneys for Michael and Cathy Christensen have filed a motion for a new trial in Christensen v. Sherbeck and Christensen v. Broken Bow Public Schools.

The motion was filed Dec. 14, 2018, a day after a jury delivered verdicts in favor of the defendant, Sherbeck.

The eight page motion for a new trial reads, in part, “Wherefore, this Court’s Order regarding BBHS as well as the jury’s verdict are not sustained by sufficient evidence, are contrary to law or errors of law occurred at the trail which were objected to by the Plaintiffs. For all those reason, this Court should vacate its prior decision, vacate the jury’s verdict and grant the Plaintiffs a New Trial.”

According to court records, the motion is set to be heard in Custer County District Court, Thursday, Jan. 3, 2019 at 10:30 a.m.

On Dec. 13, a jury of seven women and five men returned three verdicts. They found 1) the plaintiffs met their burden of proof against Beverly Sherbeck, Personal Representative of the Estate of Albert Sherbeck, however the defendant Sherbeck met her burden of proving that Albert Sherbeck suffered a sudden loss of consciousness; 2) the plaintiffs did not meet their burden of proof against Beverly Sherbeck on the claim that she was negligent; and 3) the plaintiffs met their burden of proof against Sherbeck on vicarious liability however, the defendant met her burden of proof proving that Albert Sherbeck suffered a sudden loss of consciousness.

Read more about it in the Dec. 20, 2018 issue of the Custer County Chief.

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