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WHITTENBURG v. WERNER ENTERPRISES INC.

Nos. 07-6063, 07-6119.

561 F.3d 1122 (2009)

Mack WHITTENBURG, Plaintiff-Appellee, v. WERNER ENTERPRISES INC.; Marisela Neff; Jon M. Morlan; and Drivers Management LLC, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

April 3, 2009.

Attorney(s) appearing for the Case

Michael L. Carr (Steven E. Holden and Jane R. Cowdery, with him on the briefs), Holden Carr & Skeens, Tulsa, OK, for Defendants-Appellants.

Broadus A. Spivey, Broadus A. Spivey, P.C., Austin, TX, and Sam L. Stein, Whittenburg Whittenburg Stein & Strange, P.C., Cherokee, OK, for Plaintiff-Appellee.

Before McCONNELL, EBEL, and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

Mack Whittenburg was driving his pickup truck on the highway when he collided with a stalled tractor-trailer. Suffering a number of injuries, Mr. Whittenburg brought suit against Werner Enterprises, Inc., the trucking company, as well as Werner's driver management company and the individual tractor-trailer drivers. The jury ultimately returned a verdict assessing the defendants' negligence at 75% and Mr. Whittenburg's damages at $3.2 million...

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