Legal Opinion

Vincent v. Peter Pan Bakers, Inc.

Nebraska Supreme Court

Decided November 3, 1967No. 36543PublishedCited by 7 opinions

1Opinion of the CourtSmith, J.

A collision between two trucks killed both drivers instantly. In this negligence action—driver A’s representative v. employer B—plaintiff’s petition was dismissed on the ground of issue preclusion or collateral estoppel. A prior determination in another action— driver B’s representative v. employer A—was ruled conclusive of common issues concerning driver negligence. Plaintiff has appealed.

In the former action a jury had returned a verdict for driver B’s representative, and judgment on the verdict was affirmed as to liability. Lorenzen v. Continental Baking Co., 180 Neb. 23, 141 N. W. 2d 163.

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2Cases cited3 opinions

  1. Ursula Makariw, Administratrix of the Estate of Eugen Makariw, Deceased v. Ronald C. RinardCourt of Appeals for the Third Circuit · 1964
  2. American Province of the Servants of Mary Real Estate Corp. v. Metropolitan Utilities DistrictNebraska Supreme Court · 1965
  3. Lorenzen v. Continental Baking CompanyNebraska Supreme Court · 1966

3Cited by7 opinions

  1. Gottsch v. Bank of StapletonNebraska Supreme Court · 1990
  2. Hickman v. Southwest Dairy Suppliers, Inc.Nebraska Supreme Court · 1975
  3. Bartunek v. Geo. A. Hormel & Co.Nebraska Court of Appeals · 1994
  4. Woodmen of the World Life Insurance Society v. Peter Kiewit Sons' Co.Nebraska Supreme Court · 1976
  5. Hickman v. Southwest Dairy Suppliers, Inc.Nebraska Supreme Court · 1975

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