McFadden v. Winters and Merchant, Inc.

Inbody, Judge.

I. INTRODUCTION

This case involves a suit for personal injuries sustained by Timothy C. McFadden when the 1979 Ford pickup he was driving collided with the rear end of a large cylindrical trailer owned by Winters and Merchant, Inc. (Winters). The trailer had been left by Winters in the northbound lane of a 20-foot-wide private road owned by the Nebraska Public Power District (NPPD), which had been designated by NPPD as the route for all employees to use to enter the Hallam, Nebraska, powerplant on September 20, 1993. The action was tried to a jury which returned a verdict for…