Hoesing v. Sears, Roebuck & Co.

MEMORANDUM

DENNEY, District Judge.

This matter comes before the Court upon the defendant’s motion to dismiss.

This is a diversity action in which the plaintiffs seek to recover damages for injuries caused to their parents by the defendant. The defendant contends that this suit should be dismissed because under Nebraska law a child has no cause of action against a third party for damages for nonfatal injuries to his parent. The plaintiffs recognize that the Nebraska Supreme Court has never ruled on the existence of such a cause of action, but contend that the Nebraska Supreme Court’s rulings in…