(Download) "Virginia R. Hancock v. Paccar" by Supreme Court of Nebraska # eBook PDF Kindle ePub Free
eBook details
- Title: Virginia R. Hancock v. Paccar
- Author : Supreme Court of Nebraska
- Release Date : January 04, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Defendant (Paccar) appeals from a jury verdict entered in favor of plaintiff and against Paccar in the amount of $251,180 resulting from the death of plaintiff's husband while operating a tractor-trailer on Interstate Highway No. 80 in York County, Nebraska. We first note that this case might have been entitled Friedrich II. See Friedrich v. Anderson, 191 Neb. 724, 217 N.W.2d 831. To a large extent, the review in this case, as in Friedrich v. Anderson, (supra) , requires an examination of the doctrine of strict liability as it applies to an alleged defective design and the effect such defect may have within the concept of an enhanced injury. We have made such a review, together with a review of other errors assigned by defendant in this case, and conclude that the verdict of the jury should be affirmed. The facts involved in this case disclose that about 5 a.m., on September 12, 1971, plaintiff's husband, Lowell Burton Hancock (deceased), was operating a certain 1969 Kenworth cab-over tractor owned by Scott Truck Lines, Inc., in an easterly direction on interstate 80 in York County, Nebraska. The tractor was pulling a trailer loaded with about 35,000 pounds of fresh beef. At a location about 1 1/2 miles east of the Waco, Nebraska, interchange, the tractor, which was then traveling at a speed of approximately 60 miles per hour, struck a deer on the highway. The impact of the deer on the truck was severe and resulted in the left side of the front bumper being bent backwards in a V-shape at the place where the bumper passed in front of the left front wheel. The bumper, as bent, was wedged between the inside of the left front wheel and the adjoining framerail. This forced the front wheel in a left turning position and locked it in place, which prevented the deceased from controlling or steering the truck. The tractor and trailer turned in a left direction, left the highway, and entered the median adjacent to the highway. Upon its entry into the median, the unit rolled over and slid into a guardrail which protruded from a nearby bridge abutment. This impact resulted in the death of deceased.
 "Virginia R. Hancock v. Paccar" by Supreme Court of Nebraska # eBook PDF Kindle ePub Free){kind=link}