Hrabik v. Gottsch

This is an action for wrongful death resulting from a car-pedestrian accident. The District Court sustained a motion to dismiss at the conclusion of plaintiff’s evidence and plaintiff has appealed.

At about 12:45 a.m., January 20, 1973, the 14-year-old daughter of the plaintiff and two companions were crossing Military Avenue on foot at a point near Fort Street in the outskirts of Omaha, Nebraska, when they were struck by a car driven by de fendant. Plaintiff’s daughter and one of her companions were killed.

Military Avenue is a controlled access four-lane highway running northwest to…