Krupnikovic et al v. Sterling Transportation Services, Inc. et al

Filing 177

ORDER - Plaintiff concedes the claims set forth in LW Miller and Ganser's partial motions for summary judgment are ripe for dismissal. Accordingly, Defendants LW Miller Transportation Holdings, Inc. and James Ganser's Partial Motions for Summary Judgment (Filing No. 153 and Filing No. 155 ) are granted. Ordered by Magistrate Judge F.A. Gossett. (JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BOZANA KRUPNIKOVIC, as
personal representative of the estate
of Strahinja Krupnikovic, deceased,
individually and as next of kin of
Strahinja Krupnikovic, deceased,
and as mother and guardian of A.K.,
a minor and next of kin of Strahinja
Krupnikovic, deceased,
Plaintiff,
v.
STERLING TRANSPORTATION
SERVICES, INC.; UNKNOWN
SPOUSE, HEIRS, DEVISEES,
LEGATEES, EXECUTORS,
ADMINISTRATORS, AND
ASSIGNS of Thomas House,
deceased; LW MILLER
TRANSPORTATION HOLDINGS,
INC.; and JAMES GANSER,
individually;
Defendants.

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8:14CV352
MEMORANDUM
AND ORDER

This matter is before the Court on the Plaintiff’s Statement of Non-Opposition
(Filing No. 172) to the Partial Motions for Summary Judgment filed by defendants LW
Miller Transportation Holdings, Inc. (“LW Miller”) and James Ganser (“Ganser”) (Filing
No. 153 and Filing No. 155). Plaintiff concedes there is insufficient evidence to establish
the following claims against LW Miller and/or Ganser: (1) willful, wanton, and reckless
misconduct as to LW Miller and Ganser; (2) punitive damages; (3) negligent hiring,
negligent supervision, negligent entrustment, negligent training, and negligent retention as
to LW Miller Transportation; (4) that Ganser left his lane of travel and came into contact
with the tractor-trailer driven by Strahinja Krupnikovic; and (5) that Plaintiff is entitled to

pre-death damages for physical and mental pain and suffering on behalf of the decedent,
Strahinja Krupnikovic. (Filing No. 172). Plaintiff concedes the claims set forth in LW
Miller and Ganser’s partial motions for summary judgment are ripe for dismissal.
Accordingly,
IT IS ORDERED: Defendants LW Miller Transportation Holdings, Inc. and
James Ganser’s Partial Motions for Summary Judgment (Filing No. 153 and Filing No.
155) are granted.

DATED: April 14, 2017.
BY THE COURT:
s/ F.A. Gossett, III
United States Magistrate Judge

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