Gonzalez v. Union Pacific RR. Co.

Summary

The Nebraska Supreme Court reversed summary judgment for Union Pacific Railroad in a wrongful death action arising from the death of a 13-year-old boy at a railroad crossing. The court held that evidence concerning the obstruction of the westbound train and the failure to sound the horn continuously created genuine issues of material fact regarding Union Pacific’s negligence and the comparative negligence of the decedent. The case was remanded for further proceedings.

Holdings

1. Summary judgment was improper because the evidence and reasonable inferences created a genuine issue of material fact regarding whether Union Pacific failed to properly sound the train horn as the train approached and entered the crossing.
2. The court could not determine as a matter of law that Efrain's contributory negligence equaled or exceeded the negligence of Union Pacific, because reasonable minds could draw different inferences regarding the parties' comparative fault.
3. The issue of comparative negligence had to be submitted to the jury because reasonable minds could draw different conclusions and inferences regarding the negligence of Efrain and Union Pacific.

Questions Presented

1. Whether genuine issues of material fact existed regarding whether Union Pacific breached its duty of care by failing to provide adequate audible warning of the westbound train's approach.
2. Whether Efrain's conduct constituted contributory negligence equal to or greater than the negligence of all persons against whom recovery was sought, thereby barring recovery as a matter of law under Nebraska's comparative negligence scheme.
3. Whether the apportionment of negligence was required to be submitted to a jury.

Disposition

reversed_and_remanded