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ROTHWELL v. WERNER ENTERPRISES, INC.

No. 93-2272-JWL.

859 F.Supp. 470 (1994)

John M. ROTHWELL, Plaintiff, v. WERNER ENTERPRISES, INC., a Nebraska Corporation, Drivers Management, Inc., a Nebraska Corporation, Ronald P. Cavender and Progressive Casualty Insurance Company, an Ohio Corporation, Defendants.

United States District Court, D. Kansas.

July 8, 1994.

Attorney(s) appearing for the Case

Robert G. Herndon, Overland Park, KS, Gerald E. Durbin, Oklahoma City, OK, for plaintiff.

Thomas E. Ruzicka, Douglas C. McKenna, Watson, Ess, Marshall & Enggas, Olathe, KS, Jason R. Brown, Couch, Strausbaugh, Pierce & King, Chtd., Overland Park, KS, Edward M. Boyle, Payne & Jones, Chtd., Overland Park, KS, Rex W. Henoch, McAnany, Van Cleave & Phillips, P.A., Kansas City, KS, for defendants.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

I. INTRODUCTION

On July 17, 1991, plaintiff, John M. Rothwell, was working on a construction site when he was hit by a semi-tractor and trailer driven by defendant Ronald P. Cavender, an employee of defendant Werner Enterprises, Inc. ("Werner Enterprises") at the time. Plaintiff was rendered a paraplegic as a result of the tragic incident. He brings this action against Mr. Cavender,...

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