Donald A. Petersen, Administrator of the Estate of Sgt. Russell Lynn Petersen, Deceased v. Sgt. Robert M. Klos

When this case was initially before this court Klos appealed from a judgment of liability, and Petersen cross appealed from a finding of contributory negligence and the consequent reduction by one-half in the award of damages. We affirmed the judgment against Klos and reversed the finding of contributory neg ligence. 1 We remanded the ease with directions “to enter judgment for the plaintiff [Petersen] in the amount of $40,360.00 as previously determined by that [District] court.” 2 The pertinent facts and the reasons for our decision are fully set forth in the cited report of our opinion and…