Dolores J. Branch v. John S. Wilkinson Book Reviews

Dolores J. Branch v. John S. Wilkinson by Supreme Court of Nebraska Book Summary

This is a wrongful death action brought by the plaintiff, Dolores J. Branch, Administratrix of the Estate of Hubert L. Branch,
deceased. The plaintiff's decedent was killed as a result of an automobile accident in Morrill County, Nebraska, on March
9, 1974. The plaintiff's decedent was a passenger in the motor vehicle. The defendant owned and operated the vehicle. In her
petition, the plaintiff alleged negligence, including speeding and intoxication, and sought special and general damages, including
damages for conscious pain and suffering by her decedent. The defendant answered with a general denial and filed a motion to suppress evidence derived from blood samples taken from
the defendant after the accident. The District Court sustained the defendant's motion to suppress evidence of the blood alcohol
test of the defendant on the theory that the test was within the physician-patient privilege. The defendant then filed an
amended answer denying that he was intoxicated at the time of the accident and alleging that the plaintiff's decedent assumed
the risk, along with other specifications of negligence on the decedent's part, which, in essence, were failure to warn of
approaching danger and failure to have seat belt in place and fastened.

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Dolores J. Branch v. John S. Wilkinson (Supreme Court of Nebraska) Book Reviews 2024

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