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Basra v. Ecklund Logistics, Inc.

United States District Court, D. Nebraska

April 17, 2017

INDERJEET BASRA, individually and as Personal Representative for the ESTATE OF ATINDERPAL SINGH; DILSHAAN S. REHAL, by and through his next friend, INDERJEET BASRA, Plaintiffs,
v.
ECKLUND LOGISTICS, INC. Defendant.

          Justin R. Kaufman ROBINS CLOUD LLP, Bill Robins III Stephen J. Kelly ROBINS CLOUD LLP, Christopher P. Welsh, WELSH & WELSH, PC, LLO Attorneys for Plaintiffs

          Dan H. Ketcham, ENGLES, KETCHAM, OLSON & KEITH, P.C. Attorneys for Defendant

          ORDER ON FINAL PRETRIAL CONFERENCE

         A final pretrial conference was held on the 17th day of April, 2017.

         Appearing for the parties as counsel were:

         Justin R. Kaufman and Stephen J. Kelly (Robins Cloud LLP) and James Welsh (Welsh & Welsh P.C.) for the Plaintiffs.

         Dan H. Ketcham (Engles, Ketcham, Olson & Keith, P.C.) for the Defendant.

         (A) Exhibits. See Plaintiffs' Exhibit List attached as Exhibit A[1] and Defendant's Exhibit List attached as Exhibit B.

         Caution: Upon express approval of the judge holding the pretrial conference for good cause shown, the parties may be authorized to defer listing of exhibits or objections until a later date to be specified by the judge holding the pretrial conference. The mere listing of an exhibit on an exhibit list by a party does not mean it can be offered into evidence by the adverse party without all necessary evidentiary prerequisites being met.

         (B) Uncontroverted Facts. The parties have agreed that the following may be accepted as established facts for purposes of this case only:

         1. The motor vehicle collision that forms the basis for Plaintiffs' complaint occurred on August 8, 2012 on Interstate 80 in York, Nebraska.

         2. At the time of the motor vehicle collision on August 8, 2012, Plaintiff Inderjeet Basra was the legal spouse (wife) of decedent Atinderpal Singh.

         3. At the time of the motor vehicle collision on August 8, 2012, Plaintiff Gavan S. Rehal was the legal issue (son) of decedent Atinderpal Singh.

         4. At all relevant times, Freddie Galloway, the driver of the Ecklund tractor-trailer at the time of the collision, was an employee of Ecklund Logistics, Inc. and was working in the course and scope of his employment with Defendant Ecklund Logistics, Inc.

         5. On August 8, 2012, just before 4:30 p.m., Freddie Galloway was driving an Ecklund tractor-trailer eastbound on Interstate 80. At the same time, Plaintiffs' decedent Atinderpal Singh was also driving a tractor-trailer eastbound on Interstate 80 behind the Ecklund tractor-trailer driven by Freddie Galloway 6. On August 8, 2012, at approximately 4:30 p.m., the front of Plaintiffs' decedent, Atinderpal Singh's, tractor-trailer collided with the Ecklund tractor-trailer being driven by Freddie Galloway.

         7. Atinderpal Singh died as a result of the injuries he suffered on August 8, 2012.

         (C) Controverted and Unresolved Issues. The issues remaining to be determined and unresolved matters for the court's attention are:

         All claims which are generally controverted:

         Plaintiffs' Claims:

         1) CLAPM ONE: Negligence - Respondeat Superior against Ecklund Logistics, Inc.

a. That Freddie Galloway, a truck driver, had a duty of care to Atinderpal Singh in the operation of his vehicle;
b. That Freddie Galloway breached such duty of care to Atinderpal Singh;
c. That Freddie Galloway's breach of such duty care was a proximate cause of Atinderpal Singh's death; and
d. That Plaintiffs were damaged thereby.

         2) CLAPM TWO: Negligence against Ecklund Logistics, Inc.

a. That Defendant Ecklund Logistics, Inc. had a duty of care to Atinderpal Singh in the hiring, training, monitoring and supervision of its agents and employees, including Freddie Galloway;
b. That Defendant Ecklund Logistics, Inc. breached such its duty of care in its hiring, training, monitoring and supervision of Freddie Galloway;
c. That Defendant Ecklund Logistics, Inc.'s breach of its duty of care was a proximate cause of Atinderpal Singh's death; and
d. That Plaintiffs were damaged thereby.

         3) CLAIM THREE: Loss of Consortium against Ecklund Logistics, Inc.

a. Atinderpal Singh was harmed by the acts and/or omissions of Freddie Galloway and Ecklund Logistics, Inc.;
b. That the death of decedent Atinderpal Singh proximately caused loss of consortium to Plaintiffs.

         4) CLAIM FOUR: Punitive Damages under Wis.Stat. Ann. § 895.043 against Defendant Ecklund Logistics, Inc.

a. That Defendant Ecklund Logistics acted maliciously toward Atinderpal Singh or in an intentional disregard of the rights of Atinderpal Singh in the hiring, training, monitoring and supervision of Freddie Galloway and through the acts and/or omissions of its agents and employees, including Freddie Galloway.

         Defendant's Defenses:

         5). Whether Plaintiffs claims are barred by the stature of limitations.

         6). Whether the proximate cause of the accident was the negligence of Plaintiffs' Decedent, which negligence is imputed, in the following particulars:

a) In failing to yield the right-of-way;
b) In traveling at a speed which was unsafe for conditions then and ...

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