Two men were killed in Omaha, Nebraska when the truck they were in crashed into a huge freight train. The victims were identified as George Kennelly, 53, and Owen Cook, 50. Owing to complications from the crash, both men died on the spot. The trial was set to begin in January, but it was delayed indefinitely when Cook died a couple of months later. The delay was attributable to the fact that the victims’ family didn’t have sufficient financial resources to pay for the full trial. Click Here – wrongful death Omaha, Nebraska
Wrongful Death in Omaha
Facts: *Omaha Police detective sues Omaha Public Power for wrongful death. Omaha Power Company chooses to resist dismissal of their complaint by filing a reply claiming that they did not incorporate a policy in their equipment manuals to allow for the liability of the truck driver. trial starts but Owen Equipment claims immunity as it sues Kroger for wrongful death because though incorporated in Nebraska, the principal location of business is in Iowa county court refusing to grant Owen Equipment’s motion to dismiss.
Arguments: The District Court found that both manufacturers had a duty to provide reasonable safeguards to the public and failed to exercise that duty. Based on these findings, the Court held that the manufacturer should be responsible for compensating the victims for the wrongful death. In essence, the Court held that the manufacturer knew about the potential risk of the truck accident but chose not to take reasonable precautions to protect the public from the danger. The Court additionally found that because the manufacturer did not take reasonable precautions, they are vicariously liable for the wrongful death of the third party and awarded substantial damages.