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eBook details

• Title: Nettie Sacco v. Urban Cornelius Gau Et Al.
• Author : Supreme Court of Nebraska
• Release Date : January 28, 1972
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

This is an action for damages for personal injuries sustained in an automobile accident. Plaintiff was a guest passenger in
an automobile operated in a northerly direction by the defendant Rose Scapellato. The accident occurred at an intersection
controlled by automatic, electrically operated traffic lights. The defendant Gau, acting within the course and scope of his
employment by the defendant, Byers Transportation Company, was driving west. At the Conclusion of plaintiff's evidence, the
court dismissed the action as to the defendant Scapellato. At the Conclusion of the trial, a verdict was returned and judgment
entered for the remaining defendants. We affirm the judgment of the district court. Plaintiff's evidence reflects the foregoing facts. In addition, it shows that the Scapellato car, driven at a reasonable
rate of speed, approached the intersection, stopped for a red light, and then proceeded. The driver states she did not see
the Gau car prior to the impact and her car was struck on the right side. Plaintiff also called defendant Gau who stated he
entered the intersection at a speed not exceeding 20 miles per hour; he saw the Scapellato car when a short distance from
the intersection; and the light was green for westbound traffic. On seeing the Scapellato car entering the intersection, he
applied his brakes and left skid marks 20 feet in length. Her car was going about 20 miles per hour. The plaintiff testified
that the Scapellato car stopped for a red light at the intersection and entered it when the light changed to green. She was
going about 15 miles per hour at the time of the accident. A police officer stated that the Gau car left 31 feet of skid marks
and was told by Gau he had been going 25 miles per hour. He also stated that defendant Scapellato said she was going 5 to
10 miles per hour.

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