Schenk v. Yosten

Plaintiffs-appellants, Kenneth Schenk and Cornhusker Casualty Company, the workers’ compensation carrier for Schenk’s employer, seek damages arising from a collision between a truck operated by Schenk and an automobile driven by defendant-appellee, Tom Yosten. Yosten in turn counterclaimed for the damages he sustained. Each of the parties then moved for summary judgment. The district court sustained each motion, thereby dismissing both the action brought by Schenk and Cornhusker Casualty and the counterclaim brought by Yosten. Schenk and Cornhusker Casualty appeal, assigning as error the…