Scheele v. RainsAnnotate this Case
Kristina Scheele was injured in an automobile accident with a semi-trailer truck driven by Frank Lukach. Darrell Rains was burning vegetation off of a field along the highway when the accident occurred. Scheele sued Rains, Lukach, Delles Carrier Inc., and Sentry Insurance and the Evangelical Lutheran Good Samaritan Society, which were included for workers’ compensation subrogation purposes, alleging negligence. After a trial, the jury returned a verdict finding that Scheele had not met her burden of proof as to the negligence of either Rains or Delles and Lukach. Scheele appealed, arguing that the district court erred in not entering a directed verdict for her and in giving a corrected version of an instruction that was first given incorrectly. The Supreme Court affirmed, holding that Scheele’s assignments of error were without merit.