The district court sustained Lamp's demurrer on that basis and dismissed the petition.
#Jiffy lube omaha nebraska professional#
Lamp demurred to the fourth-party petition, asserting, inter alia, that the petition failed to state a cause of action because the claim against Lamp was barred by the professional negligence statute of limitations,. Carrell alleged that it relied upon the pins placed by Lamp in conducting its survey and that it should be entitled to indemnification or to receive contribution from Lamp in the amount of the judgment if Carrell was found liable.
Hoffman sued Carrell, alleging that Hoffman had retained Carrell to conduct the "as built survey" of the Jiffy Lube property and that Carrell had breached its contract with Hoffman by preparing an incorrect survey when Carrell certified there were no encroachments when substantial encroachments existed.Ĭarrell then filed a fourth-party action against Lamp, alleging that on or about December 1980, Lamp had originally surveyed the property that is the subject of this lawsuit that during the course of that survey, Lamp incorrectly placed pins on the boundary of the surveyed property and that Lamp knew or should have known that the pins placed by Lamp would be relied upon by subsequent surveyors. Lawyers Title then sued Hoffman, alleging that Hoffman breached its contract with Jiffy Lube by preparing an incorrect survey and by certifying there were no encroachments when in fact there were substantial encroachments on the real estate owned by Center Development Company. Lawyers Title also incurred legal fees in the amount of $12,346.72. Lawyers Title then entered a defense and eventually settled all claims regarding the encroachment for $7,500. When Lawyers Title notified Hoffman of the lawsuit, Hoffman refused to take part in the litigation. In January 1990, a lawsuit was filed by Center Development Company, alleging, among other matters, that structures on the real estate owned by Pennzoil Products Company encroached onto real estate owned by Center Development Company. Relying on the survey and the certification contained therein, Lawyers Title issued a policy of insurance in favor of Pennzoil Products Company granting protection against encroachments onto another's real estate. *523 Lawyers Title was then requested to issue a title insurance policy on behalf of Pennzoil Products Company for the real estate encompassed by the survey and to give the insured insurance protection against encroachments relating to the real estate. Carrell was paid $600 by Hoffman for preparation of the survey. Hoffman then retained Carrell to perform the survey, and on June 12, 1989, Carrell certified the survey to Lawyers Title. On or about June 2, 1989, Jiffy Lube International, Inc., entered into a contract with Hoffman in which Hoffman agreed to prepare an "as built survey" for property located in Omaha, Nebraska, and to certify the accuracy of the survey to Lawyers Title. In considering a demurrer, a court cannot assume the existence of a fact not alleged, make factual findings to aid the pleadings, or consider evidence which might be adduced at trial. In appellate review of a ruling on a general demurrer, the court is required to accept as true all of the facts which are well pled and the proper and reasonable inferences of law and fact which may be drawn therefrom, but not the conclusions of the pleader. Lamp's demurrer was sustained on the basis that the statute of limitations barred Carrell's claim against Lamp. Carrell brought a fourth-party action for indemnification from Lamp, Rynearson & Associates, Inc.
(Carrell), claiming that Carrell had performed the actual survey. Hoffman brought a third-party action against another engineering firm, Carrell & Associates, Inc. Lawyers Title alleged that a survey prepared by Hoffman failed to disclose an encroachment which Lawyers Title had insured against in reliance upon the survey. Hoffman, doing business as Hoffman Engineers & Surveyors (Hoffman). This is a fourth-party action arising out of an action originally brought by Lawyers Title Insurance Corporation (Lawyers Title) against Conrad P. HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, FAHRNBRUCH, LANPHIER, and WRIGHT, JJ. Guilfoyle of Frost, Meyers, Guilfoyle & Govier, Omaha, for appellee Lamp, Rynearson & Associates. Lamp, Rynearson & Associates, Inc., a Nebraska Corporation, Fourth-Party Defendant, Appellee. HOFFMAN, doing business as HOFFMAN ENGINEERS & SURVEYORS, Defendant and Third-Party Plaintiff, Appellee,Ĭlarence Roger Carrell and Carrell & Associates, Inc., Third-Party Defendants and Fourth-Party Plaintiffs, Appellants, and LAWYERS TITLE INSURANCE CORPORATION, Appellee,Ĭonrad P.
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