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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Negligence : Wrongful Death – Duty – Traffic Control

Negligence : Wrongful Death – Duty – Traffic Control

Where a plaintiff whose husband was killed in a motorcycle accident with a pickup truck driven by defendant on his way to an event at a farm hosted by a Jaycees group sued the defendant driver as well as the Jaycees group and property owners, dismissal of the plaintiff’s claims is affirmed because she did not show that the defendants had a duty to the public at large to control traffic around an intersection en route to the event.

Judgment is affirmed.

Packard v. Darveau (MLW No. 66675/Case No. 13-3487 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Riley, J.) Appealed from U.S. District Court, District of Nebraska, Urbom, J. (Alan Joel Statman, Cincinnati, argued for appellant; Colleen M. Hegge appeared on the brief) (Patrick S. Cooper, Omaha, Nebraska, argued for appellee; Betty Egan, Robert Shively, Richard C. Gordon and David J. Stubstad appeared on the brief).

Read the full text of this opinion. (PDF)