United States District Court, D. Nebraska
DAVID T. RUSSELL, Plaintiff,
EDWARD R. ANDERSON, Defendant.
Michael P. Healy (D.Ne Admission granted) THE HEALY LAW FIRM,
LLC Attorneys for Plaintiff
J. Hansen Bar Number: 23306 Attorney for Defendant SMITH,
JOHNSON, BAACK, PLACZEK, ALLEN, CONNICK & HANSEN
Attorneys for Defendant
ORDER ON FINAL PRETRIAL CONFERENCE
pretrial conference was held on the 28th day of February
for the parties as counsel were:
Exhibits. See attached Joint Exhibit List.
Uncontroverted Facts. The parties cannot agree on a
statement of uncontroverted facts. The plaintiff suggests
using language chosen by Judge Kopf in his order granting
summary judgment as follows, to which Defendant objects:
August 9, 2013, Defendant was driving his automobile
northbound on Highway 281 in Greeley County, Nebraska, while
Plaintiff was driving his motorcycle southbound. At that time
and place, there was a collision between Plaintiff and
the time and place of the collision, Plaintiff was driving
his motorcycle on the right-hand side of the southbound lane.
Shortly before the collision, defendant crossed the center
line by seven feet; and in doing so, defendant was negligent.
Plaintiff's motorcycle was totaled as a result of the
crash. Defendant believes the following are the
uncontroverted facts, to which Plaintiff objects, as follows:
August 9, 2013, at approximately 9:30 p.m., Plaintiff was
operating a 2012 Harley Davidson motorcycle in a southerly
direction on Highway 281 in Greeley County Nebraska. At said
time and place, Defendant was operating a 2000 Pontiac Grand
Prix in a northerly direction on Highway 281, when an
accident occurred between the two vehicles.
the time and place of the accident, there were no white line
markings along the side of the road due to road work being
done on Highway 281.
Controverted and Unresolved Issues. The issues
remaining to be determined and unresolved matters for the
court's attention are:
Whether Plaintiff failed to take reasonable steps to minimize
his alleged damages. Plaintiff objects to this claim because
defendant has never disclosed what injuries or damages could
have been avoided;
Whether Plaintiff was contributorily negligent in causing the
accident. Plaintiff objects to this claim because defendant
has never disclosed what act ...