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PALS v. WEEKLY

No. 20-2505.

12 F.4th 878 (2021)

Kathrynn PALS, as personal representative of the Estate of Jamison B. Pals and personal representative of the Estate of Ezra A. Pals; Gordon Engel, as personal representative of the Estate of Kathrynn L. Pals, personal representative of the Estate of Violet J. Pals, and personal representative of the Estate of Calvin B. Pals Plaintiffs-Appellants v. Tony WEEKLY, Jr.; Bohren Logistics, Inc.; Interstate Highway Construction, Inc.; D.P. Sawyer, Inc., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: September 13, 2021.

Attorney(s) appearing for the Case

Vernle Charles Durocher, Jr. , Nathan Januschka Ebnet , Eric A. Ruzicka , Michael D. Stinson , Dorsey & Whitney, Minneapolis, MN, Thomas A. Grennen , Gross & Welch, Omaha, NE, for Plaintiffs-Appellants.

Terrance O. Waite , Waite & McWha, North Platte, NE, for Defendants-Appellees Tony Weekly, Jr., Bohren Logistics, Inc.

Daniel B. Shuck , Shuck Law Firm, Sioux City, IA, for Defendant-Appellee Interstate Highway Construction, Inc.

Bonnie M. Boryca , Thomas J. Culhane , Patrick Ryan Guinan , Erickson & Sederstrom, Omaha, NE, for Defendant-Appellee D.P. Sawyer, Inc.

Before LOKEN, KELLY, and ERICKSON, Circuit Judges.

Five members of the Pals family died in a car accident in a construction zone on Interstate 80 after Tony Weekly, Jr., drove his semi-truck into the back of the Pals' vehicle. Kathrynn Pals and Gordon Engel are Personal Representatives for the deceased Pals family members. They commenced a wrongful death and negligence action...

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