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Schweitzer v. American National Red Cross3/5/1999
Designated for Permanent Publication
1. Summary Judgment. Summary judgment is proper only when the pleadings, depositions, admissions, stipulations, and affidavits in the record demonstrate that there is no genuine issue as to any material fact or as to the ultimate inferences which may be drawn from those facts and that the moving party is entitled to judgment as a matter of law.
2. Summary Judgment: Appeal and Error. In reviewing an order of summary judgment, an appellate court views the evidence in a light most favorable to the party against whom the judgment was granted and gives such party the benefit of all reasonable inferences deducible from the evidence.
3. Jurisdiction: Words and Phrases. Subject matter jurisdiction is a court;s power to hear and determine a case in the general class or category to which the proceedings in question belong and to deal with the general subject involved in the action before the court and the particular question which it assumes to determine.
4. Pleadings: Waiver. A judicial admission constitutes a waiver of all controversies so far as an adverse party desires to take advantage of it, and therefore it is a limitation of the issues.
5. Jurisdiction: Courts: Legislature. The Legislature cannot limit or control the jurisdiction of a district court.
6. Jurisdiction: Constitutional Law: Courts: Legislature. Where the Nebraska Constitution does not fix the jurisdiction of any class or grade of courts, the jurisdiction and powers of any such class may be regulated by the Legislature.
7. Courts: Statutes. A statutorily created court has only such authority as has been conferred upon it by statute, and its power cannot extend beyond that expressed in the statute.
Appeal from the District Court for Lancaster County: JEFFRE CHEUVRONT, Judge. Reversed and remanded for further proceedings.
NATURE OF CASE
Rhonda Schweitzer appeals an order of the district court for Lancaster County, in which the district court concluded that it was without jurisdiction to entertain Schweitzer;s claim for damages and entered summary judgment in favor of the American National Red Cross (Red Cross) and Sesostris Shrine Temple (Shrine Temple) and dismissed Schweitzer;s petition. We reverse, and remand for further proceedings.
STATEMENT OF FACTS
Schweitzer injured her right wrist when she fell during a performance of the Shrine circus at Pershing Municipal Auditorium in Lincoln on March 19, 1995. Schweitzer was present at the circus with the Red Cross to provide emergency health services to circus patrons. Schweitzer slipped as she went up a flight of stairs to assist a circus patron who was having a seizure.
Schweitzer filed a petition in the district court for Lancaster County seeking damages against Red Cross and Shrine Temple on September 10, 1996. In paragraph 4 of her petition, Schweitzer alleged that Red Cross was her "direct employer." In paragraph 7 she alleged, inter alia, that she was a "statutory employee" of Shrine Temple "pursuant to Neb. Rev. Stat. ยง48-116 [Reissue 1998]." Chapter 48 contains Nebraska;s workers; compensation statutes, which provide for the handling of claims by "employees" for work-related injuries. Both Red Cross and Shrine Temple denied that Schweitzer was an employee of their organizations. Both Red Cross and Shrine Temple alleged Schweitzer was a volunteer. Schweitzer sought an award of special damages of $10,000 for medical expenses, compensation in an unspecified amount for lost wages and lost earning capacity, and an award of general damages for physical pain and mental suffering. Schweitzer a
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