State v. Mattan

The majority opinion holds that in the event the driver of a motor vehicle is negligent in any respect and collides with a pedestrian and death results, the driver is guilty of motor vehicle homicide because he has violated a statute requiring him to use due care in the operation of a motor vehicle.

The motor vehicle homicide section, Neb. Rev. Stat. § 28-306(1) (Reissue 1979), under which the defendant *687was charged, defines motor vehicle homicide as causing the death of another unintentionally while engaged in the operation of a motor vehicle in violation of the law of the State of Nebraska,…