VINCENT v. PETER PAN BAKERS, INC.

No. 36543.

153 N.W.2d 849 (1967)

182 Neb. 206

Wilma VINCENT, Special Administratrix of the Estate of William J. Vincent, Deceased, Appellant, v. PETER PAN BAKERS, INC., a Corporation, Appellee and Continental Baking Company, a Corporation, Third-Party Defendant, Appellee.

Supreme Court of Nebraska.

November 3, 1967.


Attorney(s) appearing for the Case

Viren, Emmert & Epstein, Boland, Mullin, Walsh & Cooney, Omaha, for appellant.

Cassem, Tierney, Adams & Henatsch, Charles F. Gotch, Omaha, for Peter Pan Bakers, Inc.

Stoehr, Rickerson & Caporale, Omaha, for Continental Baking Co.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ.


SMITH, Justice.

A collision between two trucks killed both drivers instantly. In this negligence action—driver A's representative v. employer B—plaintiff's petition was dismissed on the ground of issue preclusion or collateral estoppel. A prior determination in another action—driver B's representative v. employer A—was ruled conclusive of common issues concerning driver negligence. Plaintiff has appealed.

In the former action a...

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