A-25-0436 Wright v. G & G Sheetmetal Company
District Court of Lancaster County, Judge Jodi L. Nelson
Attorney for Appellant: Robert B. Creager (Anderson, Creager, Wittstruck, P.C., LLO)
Attorneys for Appellee: Christina L. Usher & J.L. Spray (Mattson Ricketts Law Firm LLP)
Civil Action: Breach of Fiduciary Duty
Action Taken by Trial Court: The district court dismissed Appellant’s complaint because it found that Appellant had no right to recover damages for claims which accrued before she became a shareholder in the corporation, and that Appellant had not shown her claims occurred within the four-year statute of limitations set forth by Neb. Rev. Stat. § 25-207 (Reissue 2016), which was not equitably tolled.
Assignments of Error on Appeal: The District Court erred by (1) finding Appellant lacked standing to pursue a claim for damages against Appellee for claims that arose before Appellant became a shareholder of the corporation, (2) finding that the statute of limitations otherwise barred Appellant’s claims, (3) failing to consider Appellant’s claim for other equitable relief, and (4) failing to find Appellee was liable to Appellant for money damages for the loss in value of her inheritance.