Davies Ex Rel. Estate of Davies v. BNSF Railway Co.

MEMORANDUM AND ORDER

RICHARD G. KOPF, District Judge.

This is a -wrongful death action stemming from a collision between a BNSF train and decedent Duane E. Davies’ pickup. The personal representative of Davies’ estate has sued both BNSF Railway Company and Box Butte County, Nebraska. The complaint specifically states that “[t]he defendant COUNTY is sued for apportionment purposes only, as the plaintiff acknowledges she is out of time to assert a claim against the defendant COUNTY for which recovery can be had. However, as the plaintiff believes the defendant COUNTY bears some responsibility for…