In Wheeler v. Bagley, 254 Neb. 232, 575 N.W.2d 616 (1998), Wheeler brought a negligence action against Bagley for injuries she sustained while working as a ranch employee for Bagley. After a trial, the jury returned a verdict that found Wheeler to be 49 percent negligent and Bagley to be 51 percent negligent with respect to Wheeler's injuries and valued Wheeler's damages at $ 40,000. After the trial court entered judgment in favor of Wheeler, Wheeler filed a motion for new trial on the basis that the jury had not been instructed as to the effect of the allocation of negligence as required by 25-21,185.09. The trial court sustained Wheeler's motion and ordered a new trial. Bagley timely appealed. On appeal, the Nebraska Supreme Court held that for all cases in which the cause of action accrued on or after February 8, 1992, and in which contributory negligence is a defense, it is prejudicial error not to instruct the jury on the effects of its allocation of negligence as required by 25-21,185.09.