Dollison v. MERCY SERVICES CORP.

584 N.W.2d 674, 7 Neb. Ct. App. 555, 1998 Neb. App. LEXIS 142
CourtNebraska Court of Appeals
DecidedSeptember 1, 1998
DocketA-97-225
StatusPublished
Cited by3 cases

This text of 584 N.W.2d 674 (Dollison v. MERCY SERVICES CORP.) is published on Counsel Stack Legal Research, covering Nebraska Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dollison v. MERCY SERVICES CORP., 584 N.W.2d 674, 7 Neb. Ct. App. 555, 1998 Neb. App. LEXIS 142 (Neb. Ct. App. 1998).

Opinions

Irwin, Judge.

I. INTRODUCTION

Yvette Dollison appeals from an order of the district court which affirmed a judgment of the county court in this action which was transferred from the small claims court to the county court upon request of defendant, Mercy Services Corp. On appeal, Dollison challenges the county court’s denial of her request for a jury trial, the county court’s dismissal of her negligence action, the admission of allegedly irrelevant evidence, and the amount of damages awarded by the county court. Because we conclude that the district court erred in affirming the county court’s grant of Mercy Services’ motion for directed verdict, but was correct in other regards, we affirm in part and in part reverse and remand the case with directions.

II. BACKGROUND

Dollison was a resident of the Mason School Apartments in Omaha. At the relevant times, the Mason School Apartments were being managed by Mercy Services for a parent corporation, Mercy Housing, Inc.

[557]*557According to the record, in late July and August 1995, the Mason School Apartments were the target of numerous burglaries. Dollison’s apartment was burglarized on August 8. According to Dollison, the following items were stolen from her apartment: a Sega video game system, four video games, a tote bag, school clothes belonging to Dollison’s son, and a cordless phone. Dollison valued the stolen items at several hundred dollars. Dollison hired a locksmith to replace the locks in her apartment. According to Dollison, because of lost wages and the cost of the locksmith, changing her locks cost her approximately $125.

Dollison initially filed a suit against Mercy Services in the small claims court. Mercy Services transferred the case to the county court. Dollison then filed an amended petition, alleging three causes of action. Dollison alleged that Mercy Services had been negligent, that Mercy Services had breached an express contract by violating a provision of the lease, and that Mercy Services had breached an implied contract to provide a reasonably safe place to live, in contravention of the Uniform Residential Landlord and Tenant Act, Neb. Rev. Stat. § 76-1401 et seq. (Reissue 1993 & Cum. Supp. 1994). Dollison also requested in the amended petition that the case be heard by a jury, which request was denied by the county court.

At the conclusion of Dollison’s evidence, the court granted a directed verdict in favor of Mercy Services on the negligence cause of action. At the conclusion of the entire case, the court generally found in favor of Dollison on the breach of contract causes of action and awarded Dollison $123.60.

Dollison appealed to the district court, which affirmed the judgment of the county court. Dollison then filed this timely appeal.

HI. ASSIGNMENTS OF ERROR

On appeal, Dollison has assigned four errors. First, Dollison asserts that the county court erred in denying her request for a jury trial. Second, Dollison asserts that the county court erred in dismissing her negligence action. Third, Dollison asserts that the county court erred in admitting irrelevant evidence. Finally, Dollison asserts that the county court erred in failing to award general damages.

[558]*558IV. ANALYSIS

1. Jury Trial

Dollison initially filed this action in the small claims court. Mercy Services transferred the case to the county court pursuant to Neb. Rev. Stat. § 25-2805 (Reissue 1995). Thereafter, Dollison filed an amended petition, which included a “Demand for Jury Trial.” The county court denied Dollison’s demand, and the case was tried to the court. On appeal, Dollison asserts that she was entitled to a jury trial in this case.

Section 25-2805 provides that “[a]ny defendant in an action or such defendant’s attorney may transfer the case to the regular docket of the county court by giving notice to the court at least two days prior to the time set for the hearing.” Section 25-2805 further provides that “any defendant or such defendant’s attorney may demand trial by jury.” Mercy Services argues on appeal that the statute does not authorize a plaintiff to demand a jury when the case has been transferred to the county court.

The general rules of statutory interpretation in Nebraska provide that in the absence of anything to the contrary, statutory language is to be given its plain and ordinary meaning, and when the words of a statute are plain, direct, and unambiguous, no interpretation is necessary or will be indulged to ascertain their meaning. Memorial Hosp. of Dodge Cty. v. Porter, 251 Neb. 327, 557 N.W.2d 21 (1996); Bennett v. J. C. Robinson Seed Co., ante p. 525, 583 N.W.2d 370 (1998). It is not within the province of a court to read anything plain, direct, and unambiguous out of a statute. Memorial Hosp. of Dodge Cty. v. Porter, 4 Neb. App. 716, 548 N.W.2d 361 (1996). An appellate court will, if possible, give effect to every word, clause, and sentence of a statute, since the Legislature is presumed to have intended every provision of a statute to have a meaning. Id.; Gatewood v. Powell, 1 Neb. App. 749, 511 N.W.2d 159 (1993).

In light of the foregoing principles, we conclude that Dollison was not entitled to request a jury trial in this action. The plain, direct, and unambiguous language of § 25-2805 clearly indicates that a defendant may transfer the case from small claims court to county court and that a defendant may request a jury [559]*559trial when making a motion for a transfer. To hold that a plaintiff may also request a jury trial when the case has been transferred would not only fail to give effect to the plain, direct, and unambiguous language of the statute but would actually read the word “defendant” entirely out of the statute. We decline to so hold, and the lower court did not err in concluding that Dollison was not entitled to a jury trial in this case.

Dollison argues in support of her contention that she should be entitled to a jury trial that she had a common-law right to a jury trial when the constitutional guarantee of jury trials went into effect in Nebraska. See Neb. Const, art. I, § 6. As such, she asserts that her common-law right must be preserved. Dollison has not provided us with any authority to suggest that there ever existed a common-law right to a jury trial in cases transferred from a small claims court to a county court. In fact, we note that the statute creating small claims courts did not take effect until 1972.

Dollison also points to the provisions of Neb. Rev. Stat. § 25-2705 (Reissue 1995) to argue that all parties in county court are entitled to a jury trial, with limited exceptions.

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Dollison v. MERCY SERVICES CORP.
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584 N.W.2d 674, 7 Neb. Ct. App. 555, 1998 Neb. App. LEXIS 142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dollison-v-mercy-services-corp-nebctapp-1998.