Packard v. Falls City Area Jaycees, et al., No. 13-3487 (8th Cir. 2014)Annotate this Case
Plaintiff filed suit against Cory Snethen, the Jaycees, and Carico Farms (collectively, "defendants") and others, alleging common law negligence claims and wrongful death actions after her husband died from a motorcycle collision with a pickup. The court concluded that the district court properly dismissed negligence claims against defendants where the court predicted that the Nebraska Supreme Court would find defendants had no duty to control traffic on the highway at the time of plaintiff's husband's death. The court rejected plaintiff's remaining claims of error and affirmed the district court's dismissal of plaintiff's claims against defendants.
Court Description: Civil case - Torts. In a negligence and wrongful death action arising out of a traffic accident, the district court did not err in granting defendant summary judgment as defendant did not have a duty to control the traffic at a public highway intersection near its event at the time the accident occurred.