Legal Opinion
Brookins v. Sargent Industries, Inc.
Court of Appeals for the Eighth Circuit
Decided September 23, 1983No. 82-2219PublishedCited by 3 opinions
1Opinion of the Court
JOHN R. GIBSON, Circuit Judge.
Clyde and Flora Brookins appeal from adverse jury verdicts on his claim for personal injuries resulting from a trash load packer accident, and on her claim for loss of consortium based on her husband’s injuries. The principal contentions on appeal are that the trial court erred in its jury instructions (1) by giving retroactive application to Neb. Rev.Stat. § 25-1151 (1979), in amended form, which made contributory and comparative negligence a defense to strict liability, and (2) by placing on the plaintiff the burden of proving he was unaware of the nature and…
2Cases cited17 opinions
- Hawkins Construction Co. v. Matthews Co., Inc.Nebraska Supreme Court · 1973
- Hardy v. Monsanto Enviro-Chem Systems, IncMichigan Supreme Court · 1982
- Kohler v. Ford Motor CompanyNebraska Supreme Court · 1971
- National Crane Corp. v. Ohio Steel Tube Co.Nebraska Supreme Court · 1983
- Hancock v. Paccar, Inc.Nebraska Supreme Court · 1979
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3Cited by3 opinions
- State v. HirschNebraska Supreme Court · 1994
- Clyde Brookins v. Sargent Industries, Inc., a California Corporation, Garwood Division of Sargent Industries of Delaware, Inc., an Alabama Corporation, Sargent Industries of Delaware, Inc., a Delaware Corporation, and National Disposal Service of Nebraska, Inc., a Nebraska Corporation, Flora M. Brookins v. Sargent Industries, Inc., a California Corporation, Garwood Division of Sargent Industries of Delaware, Inc., an Alabama Corporation, Sargent Industries of Delaware, Inc., a Delaware Corporation, and National Disposal Service of Nebraska, Inc., a Nebraska CorporationCourt of Appeals for the Eighth Circuit · 1983
- Opinion No. (1992), Nebraska Attorney General Reports1992