S-13-0053, Amanda Latzel, as Personal Representative of the Estate of Thomas Latzel and on behalf of herself individually (Appellant) v. Patrick Gaughen, Ronald Bartek, Doug Bartek, and Daniel J. Vaneklenburg v. State of Nebraska Department of Health and Human Services
Lancaster County, Judge Robert Otte
Attorneys: Eric B. Brown (Atwood, Holsten, Brown, & Deaver Law Firm) for Appellant; Robert Shively, Jr. and Emily Cameron (Shively & Lannin) for Appellee Doug Bartek; Gary Nedved and Joel Bacon (Keating, O’Gara, Nedved & Peter) for Appellee Ronald Bartek; Brian S. Kruse (Rembolt Ludtke LLP) for Amicus Nebraska Agricultural Legal Foundation
Proceedings Below: On January 18, 2011, the district court granted summary judgment to the landowners Ronald Bartek and Doug Bartek because “the blind intersection case is one where the court, based on the prior history of the Nebraska Supreme Court, finds sufficient countervailing principles to conclude factual causation is absent.” The district court found that when a driver enters an intersection before being able to see the traffic, an intervening cause is created as a matter of law.
Issues on Appeal: The district court erred in granting summary judgment in favor of landowner defendants, Ronald Bartek and Doug Bartek.