James v. Lieb

This is an appeal in a negligence action from an order of the district court for Douglas County sustaining the defendants’ demurrer to plaintiffs’ petition for failure to state a cause of action.

The following facts were alleged in the petition. On August 10, 1983, plaintiffs’ son, Gregory Duwayne James, and their daughter, Demetria, were riding their bicycles north on 50th Street in Omaha, Nebraska. A garbage truck owned by the defendant Watts Trucking Service, Inc., and driven by its employee, John Milton Lieb, was backing west on Spaulding Street. The truck backed into the intersection of…