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HEATHERLY v. ALEXANDER

No. 03-4013.

421 F.3d 638 (2005)

Carroll E. HEATHERLY, as Independent Administrator of the Estate of Margaret M. Heatherly, deceased; Carroll E. Heatherly, individually, Plaintiffs-Appellants, Thomas C. Heatherly, individually; Margaret C. Heatherly, individually; Bridget C. Heatherly, individually; Patrick B. Heatherly, individually, Plaintiffs, v. Steven ALEXANDER; Black Creek Transport, Inc., Defendants, Midwest Specialized Transportation; David Gilbertson, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 26, 2005.

Attorney(s) appearing for the Case

Michael K. Demetrio, argued, Chicago, IL (Robert J. Bingle, Chicago, IL, Daniel B. Cullan and Paul Madgett, Omaha, NE, on the brief), for appellant.

Ted L. Perryman, argued, St. Louis, MO (Eugene P. Welch, Omaha, NE, on the brief), for appellee.

Before SMITH, BEAM, and BENTON, Circuit Judges.

BEAM, Circuit Judge.

On the afternoon of June 26, 1999, Carroll Heatherly, his wife Margaret Heatherly, and their four children Thomas, Brigid, Meg, and Patrick, embarked in a motor home on a vacation trip to Yellowstone National Park from their home in Lisle, Illinois. Tragically, the trip ended in Nebraska with the death of Margaret, and serious injury to Carroll. This personal injury and wrongful death litigation ensued.

Heatherly, individually and in his...

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