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.
202505P.pdf 09/13/2021 Kathrynn Pals v. Tony Weekly, Jr.
U.S. Court of Appeals Case No: 20-2505
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Erickson, Author, with Loken and Kelly, Circuit Judges]
Civil case - Torts. Plaintiffs alleged that two contractor defendants
failed to inform the defendant Interstate Highway Commission that backups
were occurring in the construction site and that if they had make such
reports, as required by their contacts for the project, additional signage
would have been posted or an alternative traffic plan adopted, and the
accident which killed their decedents would have been avoided; the
district court did not err in concluding that even if the defendants owed
a duty to the deceased and even if they breached it, the negligence claims
against the contractors failed because the negligence of defendant Weekly,
the truck driver who struck the deceased's vehicle, was an efficient
underlying cause under Nebraska law; the district court did not abuse its
discretion in denying plaintiffs' motion to stay pending the filing and
resolution of their fourth sanctions motion.