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KOZLOV v. ASSOCIATED WHOLESALE GROCERS, INC.

Nos. 15-1098, 15-1100, 15-1101.

818 F.3d 380 (2016)

Igor KOZLOV, Plaintiff-Appellant v. ASSOCIATED WHOLESALE GROCERS, INC. a Kansas Corporation, Defendant-Appellee Pamela Scott, Personal Representative of the Estate of Michael E. Scott, Deceased; Roadtex Transportation Corp.; Roadtex Corp. — Bayonne, NJ; Roadtex Corp. — Colts Neck, NJ; Roadtex Logistics, LLC; Roadtex Transportation Management Corp., Defendants Andrei Tchikobava, Plaintiff-Appellant v. Associated Wholesale Grocers, Inc., a Kansas Corporation, Defendant-Appellee Pamela Scott, Personal Representative of the Estate of Michael E. Scott, Deceased; Albatross Express, LLC; Roadtex Corp. — Bayonne, NJ; Roadtex Corp. — Colts Neck, NJ; Roadtex Logistics, LLC; Roadtex Transportation Corp.; Roadtex Transportation Management Corp., Defendants Nebraska Association of Trial Attorneys, Amicus Curiae — Amicus on Behalf of Appellant(s) Igor Kozlov, Plaintiff-Appellant v. Associated Wholesale Grocers, Inc. a Kansas Corporation, Defendant-Appellee Pamela Scott, Personal Representative of the Estate of Michael E. Scott, Deceased; Roadtex Transportation Corp.; Roadtex Corp. — Bayonne, NJ; Roadtex Corp. — Colts Neck, NJ; Roadtex Logistics, LLC; Roadtex Transportation Management Corp., Defendants Pamela Scott, Counter Claimant Albatross Express, LLC; Unick, LLC; Igor Kozlov, Counter Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: March 23, 2016.

Rehearing and Rehearing En Banc Denied in No. 15-1098 May 3, 2016.

Rehearing Denied in No. 15-1100 May 4, 2016.

Attorney(s) appearing for the Case

George Hamilton Moyer, Jr. , argued, Madison, NE ( Herbert J. Friedman , Lincoln, NE and Rene Lapierre , Sioux City, IA, on the brief), for Plaintiff-Appellant, Igor Kozlov.

James C. Bocott , on the brief and argued, North Platte, NE, for Andrei Tchikobava, Plaintiff-Appellant, Andrei Tchikobava.

James J. Paloucek , North Platte, NE, on the brief, for Nebraska Association of Trial Attorneys, Amicus Nebraska Association of Trial Attorneys.

Ryan Edward Karaim , argued, Kansas City, MO, ( John G. Schultz , Kansas City, MO and Stephen G. Olson, II , Omaha, NE, on the brief), for Defendant-Appellee.

Before RILEY, Chief Judge, BEAM and KELLY, Circuit Judges.

Igor Kozlov and Andrei Tchikobava (collectively "Plaintiffs"), employees of Albatross Express, LLC (Albatross), were injured when a tractor-trailer driven by Michael Scott, an employee of Associated Wholesale Grocers, Inc. (AWG), collided with their tractor-trailer on Interstate 80 (I-80) in rural Nebraska. At the time of the...

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