Schiffern v. Niobrara Valley Electric Membership Corp.

The estate of Dale Schiffern brought this wrongful death action against Niobrara Valley Electric Membership Corporation (Niobrara), alleging that Niobrara’s agents negligently caused Schiffern’s death. The trial court granted Niobrara’s motion for summary judgment, and the Schiffern estate appeals. Because there is a genuine issue of fact as to the degree of Schiffern’s negligence as compared with Niobrara’s, we reverse the district court’s order of summary judgment, and remand for further proceedings.

FACTUAL BACKGROUND

Schiffern was the operator of a vehicle in which Edgar Tunender was a…