DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
142981P.pdf 10/01/2015 Bradley Baumann v. Vladimir Zhukov
U.S. Court of Appeals Case No: 14-2981
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Loken, Author, with Bye and Kelly, Circuit Judges]
Civil case - Personal injury. In a case of this kind, like the district
court the court concludes that the Supreme Court of Nebraska would take a
fact-specific approach to the question of whether a second highway crash
was proximately caused by the intervening negligence of a third party that
could not have been reasonably anticipated by the defendants who caused
the first crash; the district court did not err in finding that the
negligence of the driver of the vehicle which struck plaintiffs' decedents
in the second crash was an unforeseeable efficient intervening cause as a
matter of law, and the district court did not err in granting summary
judgment to the driver-defendants who caused the first crash. Judge Bye,
dissenting