Pohl v. Furnas County
MEMORANDUM AND ORDER - At close of the trial, counsel for the parties expressed their preference for closing briefs in lieu of closing argument. IT IS ORDERED: 1. Counsel for Plaintiff and Defendant may submit closing briefs on or before July 22, 2011; and 2. Counsel for Plaintiff and Defendant may submit any responsive briefs on or before August 2, 2011. ***Set/Reset All Deadlines: ( Case Management Deadline set for 8/2/2011.) Ordered by Judge Laurie Smith Camp. (JAB)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
COUNTY OF FURNAS, a Nebraska
CASE NO. 7:08CV5011
This matter came on for trial to the bench on June 21 through 24, 2011. At close
of the trial, counsel for the parties expressed their preference for closing briefs in lieu of
closing argument. The Court noted that it would provide some guidance regarding what
matters would be most helpful to the Court, if such matters were to be addressed in the
closing briefs. Accordingly, the Court advises counsel that it does not request further
discussion of the condition of the warning sign, its placement, the Plaintiff’s speed, weather
conditions, the dynamics of the accident itself, or the Plaintiff’s physical and emotional
suffering. Assuming, without deciding at this juncture, that the condition of the sign and
the Plaintiff’s speed both contributed to the accident, the Court would find helpful further
discussion of relevant case law regarding allocation of fault under Nebraska law. The
Court would also find helpful further discussion of the Plaintiff’s alleged damages; the
Plaintiff’s duty to mitigate his damages; the relevance of any intervening negligence on the
part of the Cambridge hospital in aggravating Plaintiff’s injury; and relevant case law
regarding the proper measure of damages for pain, suffering, and permanent partial
disability. Counsel are, of course, free to address any other matters they deem to be
IT IS ORDERED:
Counsel for Plaintiff and Defendant may submit closing briefs on or before
July 22, 2011; and
Counsel for Plaintiff and Defendant may submit any responsive briefs on or
before August 2, 2011.
DATED this 28th day of June, 2011.
BY THE COURT:
s/Laurie Smith Camp
United States District Judge
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