Estate of Coe v. Willmes Trucking, L.L.C.

While Franklin Norman Lee Coe was driving a truck for his employer, Willmes Trucking, L.L.C. (Company), Coe fell asleep; he died in the resulting accident. After Coe’s death, his estate and his two surviving dependents, Pamela Coe and Michael Coe (collectively the appellants), filed workers’ compensation proceedings against the Company and its two members, Ronald Willmes and his wife, Sharon Willmes (collectively the appellees). The appellees alleged that the appellants could not recover because Coe had been willfully negligent. See Neb. Rev. Stat. § 48-101 (Reissue 2004). The appellees did…