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Shultz v. Abe's Trash Service, Inc.

United States District Court, D. Nebraska

May 24, 2018

VANESSA SHULTZ, Plaintiffs,
v.
ABE'S TRASH SERVICE, INC., and CHRISTOPHER F. SKINNER, Defendants.

          James R. Walz, Counsel for Plaintiff.

          Michael T. Gibbons, Counsel for Defendants.

          ORDER ON FINAL PRETRIAL CONFERENCE

         A final pretrial conference was held on the 23rd day of May, 2018. Appearing for the parties as counsel were:

Steven H. Howard, DOWD, HOWARD LAW FIRM1411 Harney Street, Suite 100 Omaha, NE 68102 Ph: (402) 341-1020 Fx: (402) 341-0254 Steve@dowd-law.com Attorney for Plaintiff.
James R. Walz, WALZ LAW OFFICES, PC, LLO 6519 Sunshine Drive Omaha, NE 68107 Ph: (402) 505-4055 Fx: (402) 932-6900 james@walzlawpc.com Attorney for Plaintiff.
Heather L. Horst, WALZ LAW OFFICES, PC, LLO 6519 Sunshine Drive Omaha, NE 68107 Ph: (402) 505-4055 Fx: (402) 932-6900 james@walzlawpc.com Attorney for Plaintiff.
Michael T. Gibbons, WOODKE, GIBBONS LAW FIRM 619 North 90th Street Omaha, NE 68114 Ph: (402) 391-6000 Fx: (402) 391-6200 mgibbons@woglaw.com Attorney for Defendants.
Christopher D. Jerram, WOODKE, GIBBONS LAW FIRM 619 North 90th Street Omaha, NE 68114 Ph: (402) 391-6000 Fx: (402) 391-6200 cjerram@woglaw.com Attorney for Defendants.

         (A) Exhibits. See attached Exhibit List.

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

1. At the time of the accident, Plaintiff, Vanessa Shultz was a citizen of Nebraska. Defendant, Abe's Trash Service, Inc., is a Nebraska corporation with its principal office located in Omaha, Nebraska. Defendant, Christopher Skinner is a citizen of Iowa. Jurisdiction is based on 28 U.S.C. §1332 as Plaintiff and one of the Defendants are citizens of difference states and the matter in controversy exceeds the value of $75, 000.
2. On April 6, 2016 at approximately 2:40 p.m., the Plaintiff, Vanessa Shultz was operating her vehicle Eastbound on Highway 36 approaching 264th street in Douglas County, Nebraska.
3. On April 6, 2016 at approximately 2:40 p.m., Defendant Skinner was operating a garbage truck owned by Defendant Abe's Trash Service traveling Southbound on 264th Street across Highway 36 in Douglas County, Nebraska.
4. On April 6, 2016 at approximately 2:40 p.m., Plaintiff's vehicle collided with Defendant's vehicle at the intersection of Highway 36 and 264thStreet in Douglas County, Nebraska.
5. At the time of the accident, Defendant was attempting to cross Highway 36 from 264th Street.
6. At the time of the accident, Highway 36 was protected by stop signs at its intersection with 264th street commanding northbound and southbound traffic on 264th Street to stop.
7. At the time of the accident, the authorized speed limit on Highway 36 was 60 mph at or near the location of the accident.
8. That Deputy Russell Swanson of the Douglas County Sheriff's Office responded to the accident on April 6, 2016.
9. That there were no weather conditions that would have contributed to the cause of the accident on April 6, 2016.
10. That there were no environmental or roadway conditions present on April 6, 2016 that would have contributed to the cause of the accident.
11. At all times relevant hereto, Defendant Skinner was employed by and acting within the course and scope of his employment with Abe's Trash.
12. If Defendant Skinner is found to be negligent by the trier of fact, Abe's Trash would be vicariously liable for said acts of negligence pursuant to the doctrine of respondeat superior.
13. That Plaintiff was taken by ambulance to Immanuel Medical Center on April 6, 2016 after the accident and released the same day.

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

         1. Plaintiff's Issues:

         a. Elements of negligence claimed by Plaintiff:

         i. Whether any of the Defendants were negligent in one or more ...


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