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Russell v. Anderson

United States District Court, D. Nebraska

February 28, 2019

DAVID T. RUSSELL, Plaintiff,
v.
EDWARD R. ANDERSON, Defendant.

          Michael P. Healy (D.Ne Admission granted) THE HEALY LAW FIRM, LLC Attorneys for Plaintiff

          Tanya J. Hansen Bar Number: 23306 Attorney for Defendant SMITH, JOHNSON, BAACK, PLACZEK, ALLEN, CONNICK & HANSEN Attorneys for Defendant

          ORDER ON FINAL PRETRIAL CONFERENCE

         A final pretrial conference was held on the 28th day of February 2019.

         Appearing for the parties as counsel were:

         (A) Exhibits. See attached Joint Exhibit List.

         (B) 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:

         1. On 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 Defendant.

         2. At the time and place of the collision, Plaintiff was driving his motorcycle on the right-hand side of the southbound lane.

         3. Shortly before the collision, defendant crossed the center line by seven feet; and in doing so, defendant was negligent.

         4. 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:

         1. On 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.

         2. At 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.

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

         1. 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;

         2. Whether Plaintiff was contributorily negligent in causing the accident. Plaintiff objects to this claim because defendant has never disclosed what act ...


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