Legal Opinion

Zrust v. Spencer Foods, Inc.

Court of Appeals for the Eighth Circuit

Decided January 11, 1982No. 81-1453PublishedCited by 10 opinions

1Opinion of the Court

BRIGHT, Circuit Judge.

Defendant Spencer Foods, Inc. (Spencer) appeals from a judgment in the amount of $175,000, plus costs, awarded to plaintiff Evelyn L. Zrust by the district court1 following a jury verdict in a negligence action for the wrongful death of plaintiff’s decedent, John A. Zrust. Spencer contends that the jury instruction concerning the extent of Spencer’s duty toward Zrust was contrary to Nebraska law, and that the district court should have allowed the jury to consider its defense • that Zrust assumed the risk of his work place. We reject these contentions for the reasons set…

Also in this document: Concurrence.

2Cases cited15 opinions

  1. Landrum v. RoddyNebraska Supreme Court · 1943
  2. Hickman v. Parks Construction CompanyNebraska Supreme Court · 1956
  3. Simon v. Omaha Public Power DistrictNebraska Supreme Court · 1972
  4. Crawford v. SoennichsenNebraska Supreme Court · 1963
  5. Schwab v. Allou CorporationNebraska Supreme Court · 1964

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3Cited by10 opinions

  1. McLINN v. FJORDCourt of Appeals for the Ninth Circuit · 1984
  2. Lewis Service Center, Inc. v. Mack Financial Corp., an Ohio CorporationCourt of Appeals for the Eighth Circuit · 1982
  3. Trace X Chemical, Inc. v. Gulf Oil Chemical Co.Court of Appeals for the Eighth Circuit · 1983
  4. Dennis Murdock and Sharon Murdock, for Themselves and as Parents and Next Friends of Their Minor Child, Shawn M. Murdock v. Employers Insurance of Wausau, a Corporation v. United States of America, Western Contracting CorporationCourt of Appeals for the Eighth Circuit · 1990
  5. Duane Mann, D/B/A Mann Chemical and Orchard Supply Co., Individually and as Trustee v. Weyerhaeuser Company, a CorporationCourt of Appeals for the Eighth Circuit · 1983

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