Gonzalez v. Union Pacific Railroad Company

S-14-0986 Manuela Domingo Gaspar Gonzalez, Personal Representative of the Estate of Efrain Ramos-Domingo, Deceased (Appellant) v. Union Pacific Railroad Company
Colfax County, Judge Mary C. Gilbride
Attorneys: Maren Lynn Chaloupka (Chaloupka Holyoke Snyder Chaloupka Longoria & Kishiyama) and Horacio J. Wheelock (for Appellant) --- Mark E. Novotny, Cathy S. Trent-Vilim (Lamson Dugan & Murray LLP)
Civil: Wrongful death
Proceedings below. This case was previously before the Supreme Court. See Gonzalez v. UPRR, 282 Neb. 47 (2011) (affirmed in part, and in part reversed and remanded for further proceedings). Upon remand, the trial court granted UPRR's motion for summary judgment, dismissing Appellant's claim for wrongful death.
Issues: The district court erred in sustaining UPRR's Motion for Summary Judgment in (1) finding to genuine issue of material fact as to whether UPRR breached its duty of care; (2) finding that any failure by the deceased, a minor child, to follow safety rules was contributory negligence as a matter of law.