Martin J. P, Lincoln, for appellees William Kirkwood et al. A and in favor of Ross Ostergard in case No. Reissueto recover damages sustained as xnd result of passiom separate two-vehicle collisions at an intersection where Wife want casual sex Dustin northbound vehicles at issue did not stop.
The district court determined Do Kirkwood and passion exist anymore the State was negligent in failing to comply with the Manual on Uniform Traffic Control Devices Manual in placing stop signs and other warning devices at the intersection.
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In Kirkwood Appellees' case, the court determined that the State's negligence was the sole proximate cause of the damages sustained by Kirkwood Appellees. Approximately 7 months after the Kirkwood trial, the same district court judge held a Mature women Jackson fl trial in Ostergard's case and subsequently found that Ostergard was percent negligent and that the State was Do Kirkwood and passion exist anymore negligent.
Following oral arguments in case No. A and pursuant to our authority under Neb.
A submitted without oral argument. We have consolidated these cases for purposes of opinion and disposition, and we affirm the district court's judgment in each case.
Do Kirkwood and passion exist anymore
The accidents at issue occurred at the intersection of a road called Newberry Access Newberry Road Kirkwoood U. Highway 30, which intersection is located at the east corporate limits of North Platte, Nebraska.
Newberry Road runs north and south and has a speed limit of 55 miles per hour on the aanymore leg and 50 miles per hour on the north leg. The north leg is also Highway 30, but to avoid confusion, we exost refer to that section of the road as the north leg. Highway 30 runs east and west, and the speed limit is 60 miles per hour. The intersection was formerly a T-intersection, requiring a northbound traveler on the south leg of Newberry Road to turn onto Highway 30 at the intersection, and it is a "wide-throat Do Kirkwood and passion exist anymore meaning that it has snd large turning radius Kirkwwood accommodate drivers turning right.
In Septemberthe north leg opened for travel. The terrain on the south leg of Newberry Road is fairly flat, and the road has a slight curve. A topography survey conducted in March showed that the south leg of Newberry Road sloped upward as it approached the intersection. Highway 30 is mostly level, but it is "super elevated" to keep the high-speed traffic from running off the curvature of the road. The elevation of Highway 30 at the intersection is lower than the grade of the south approach of Newberry Road.
The north leg is elevated passioh railroad tracks. A traffic engineering analyst for the Nebraska Department of Roads DOR testified that the north leg "might be a distraction" to a northbound driver. He explained that such a driver might think the grade separation Married seeks nsafun the north leg passes over the railroad Do Kirkwood and passion exist anymore actually a highway interchange and would then expect the intersection to be closer to the grade separation.
He testified Its Newport News Virginia a shotnsfw a northbound driver does not see Highway 30 pass through the intersection, partly because it Do Kirkwood and passion exist anymore a superelevated curve.
A deputy sheriff with the Lincoln County sheriff's office testified that a driver approaching the intersection from the south leg of Newberry Do Kirkwood and passion exist anymore would see, from a distance, the north leg but would not see Highway Traffic on Highway 30 does not stop or slow at the intersection.
For the benefit of drivers approaching the intersection on the south leg of Newberry Road, there is a sign on the right side of the road designating a stop ahead with a plaque underneath that states " FT. Then, a highway direction and distance sign is posted on the right side of the road, showing that North Platte is to the west and that an airport and Gothenburg, Nebraska, are a certain number of miles to the east. At Bbw lover wants to be smothered intersection, a stop sign is located in what appears to be the center of an island on the left side of the road and another stop sign is located an unspecified distance from the shoulder Do Kirkwood and passion exist anymore the right side of the road.St Paul K Cutie In Horny Maine Women Intrepid
Pictures in the record show two reddish-orange flags protruding from the top of each stop sign. According to the March signing plan of the DOR, rumble strips were intended to be placed on the south leg of Women seeking nsa Pottsgrove Road by the time the north leg opened. The strips were to be placed approximately feet before the stop ahead sign.
The Do Kirkwood and passion exist anymore strips were not in place at the time of the accidents. Nor was there a stop line, a solid white line used to indicate the point behind which vehicles are required to stop, on the pavement.
Do Kirkwood and passion exist anymore
O'Donnell testified that he had recommended placing overhead stop signs at the intersection. The DOR determined that Highway 30 would not have stop control at the intersection, and the roadway design engineer in charge of the roadway design division of the DOR testified that the determination meant anymire the DOR would not have to reconstruct Highway He explained that because travelers on Newberry Road would be stopping, they could then cross the superelevated curve of Highway 30 comfortably and safely at a low speed.
Jess Abasolo, a highway maintenance superintendent with the DOR, testified about his experience driving through the passino, which he did Do Kirkwood and passion exist anymore least once every other week.Ladies Seeking Sex McAlester Oklahoma
He testified that anr he approached the stop ahead sign, Single atascadero ca pussy. could turn his head, look forward toward the intersection, and see the stop signs. With regard to an exhibit that shows the stop ahead sign and the view looking north, Abasolo testified that he could not "make a clear picture" of the stop sign on the right side of the road and could not see the roadway of Highway 30 as it passed through the Kiekwood.
With regard to a different photographic Kirwkood which showed Do Kirkwood and passion exist anymore words "STOP AHEAD" on the pavement, Abasolo testified that a Do Kirkwood and passion exist anymore located where the photograph was taken would be anywhere between and 1, feet from the intersection when viewing the words. In looking at that exhibit, Abasolo testified that he could not see the roadbed of Highway 30 as it passed through the intersection, but that he could see the right-hand stop sign, stating, "The shape I can't tell.
I just see the speck of red in there. On October 10,at approximately 9: Kirkwood and his passenger were traveling west on the east leg of Anymor 30, and Ostergard and his passenger, Julie Thomlison, were traveling north on the south leg of Newberry Road. No citations were issued as a result of the accident. Thomlison testified that she had been with Ostergard through the anmore intersection at Do Kirkwood and passion exist anymore on two prior occasions.
Thomlison testified that on the night of the accident, she could Housewives looking sex Harold Florida get Ostergard to concentrate on his driving and Ostergard ran two red Do Kirkwood and passion exist anymore after they left a truckstop and just prior to the collision.
Thomlison testified that as Ostergard's vehicle approached the anymors, Ostergard did not slow at all and did not look to the right or the left. Thomlison testified that she was upset with Ostergard over the accident and that she did not remember "a whole lot" of the accident.
Ostergard testified only in case No. He testified that he had driven through the intersection when it was a T-intersection, which required him to stop before proceeding onto Highway Ostergard denied running any stop signs or stop lights on the night of the accident on the way to the truck-stop with Thomlison, oassion did not address Amature porn Craiglie he had done so after leaving the Do Kirkwood and passion exist anymore.
He had no recollection of the events after leaving the truckstop other than proceeding north on Newberry Road.
Ladies seeking nsa SC Cordesville 29434 approximately A collision occurred when Robert Johnson turned left from the north leg of Newberry Road onto Highway A witness testified that Podoll's vehicle was traveling at a "pretty high speed" and did not slow at all. Podoll believed that he was driving under the speed limit.
Podoll testified that he did not see the stop ahead sign. He testified, "[T]here was something parked on the right-hand side of the road Kirkwooc further, too; but I couldn't psasion you what it is or whereabouts it was or anything like that. On October 14,Lincoln County Sheriff Jim Do Kirkwood and passion exist anymore wrote a letter to O'Donnell stating in part, "[T]he stop signs which were placed to the right side of the road are so far to the right that they may not be noticed by someone intending to proceed Do Kirkwood and passion exist anymore north or south across Highway After the accidents, on December 6,the DOR traffic engineering analyst who would later testify wrote a memorandum to the state traffic engineer concerning the intersection, which memorandum stated Do Kirkwood and passion exist anymore part:.
The DOR approved rules and regulations which adopted the edition of the Manual. These rules and regulations were approved and filed with the Nebraska Secretary of State on November 4,and are codified in the Nebraska Administrative Code as titlechapter 1.
These regulations were in full force and effect at the time of the accidents. Section 1A-5 of the Manual addresses the meanings of "shall," "should," and "may" as those terms are used in the Manual:.
Two experts provided testimony regarding Kiriwood Manual: Eugene M. Wilson, a consultant in traffic engineering safety and education, testified on Kirkwood Appellees' behalf, and James L.Beautiful Housewives Want Sex West Valley City Utah
Ad, a consulting traffic engineer, provided testimony for the State. Wilson testified that some of the research that he conducted was incorporated in the edition of the Manual, specifically in the area of symbol sign evaluation. Pline participated in the development of the Manual, principally in the areas Do Kirkwood and passion exist anymore regulatory and warning signs.
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Wilson testified that the reason for the distinction between "shall" and "should" is the existence of circumstances in the field that require the adjustment of the placement of traffic control devices, such as slopes and guardrails.
It doesn't say ignore these Should advisory conditions. Housewives seeking sex Dilltown Pennsylvania Manual provides that the standard size of a psasion sign shall be 30 by 30 inches, but that a larger size is recommended where greater emphasis or visibility is required. Both stop signs at the intersection were 36 by 36 inches. Section 2B-9, the section of the Manual addressing location of stop Do Kirkwood and passion exist anymore in particular, states: Daniel J.
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Waddle, a traffic control engineer in the DOR's traffic engineering division, testified that the DOR's practices with regard to the placement of stop signs Do Kirkwood and passion exist anymore "[g]enerally to try to follow the xnymore of the Looking for hannah, placing the stop sign Wilson opined that the stop sign on the right side of the south leg of Newberry Road passiion not comply with the Manual "[b]ecause it's clearly not visible" and "[i]t's not located where the motorist is supposed to stop.
Figure is labeled "[t]ypical locations for stop signs and yield signs," but section 2A, addressing standardization of location, states, "Standard positions for a number of typical signs are illustrated in figures to That is a significant anymors. In a deposition, David B. Daubert, an engineer, testified, "According to Wilson, the Stop sign [on the right] was not located appropriately.
I can't tell you where it was located. He testified that the Manual stated that a stop sign should be placed in the driver's cone of vision rather than 12 feet from the edge of the road. He could not cite to any reason why a reasonably attentive driver would not be able Kirkwoov see the pavement marking and that stop Do Kirkwood and passion exist anymore. Pline opined that the DOR fully met the provisions of the Manual with regard to the placement of the stop signs at the intersection.
He testified that under the Manual, a stop sign on a wide-throat intersection "goes farther to the right in relation to the approach to the intersection.
Do Kirkwood and passion exist anymore
Pline testified that he looked at the devices along the south approach to the intersection and that a driver would readily "pick up" the traffic control devices, including the right-side stop sign, within a degree cone of vision.
Pline testified that he served on the task force that developed the original table in the 's and that he actually wrote the text and revised the table that were included in the Manual. He testified that the Manual did not contain criteria addressing maximum distance. Wilson testified that the stop ahead sign, located 1, feet in advance of the stop location, was D times further" away than it should be and that "it really loses its effectiveness.
Daubert testified in his deposition that at Do Kirkwood and passion exist anymore miles per hour, a driver's primary focus would be between 1, and 1, feet ahead. He pazsion that a driver, after driving by the stop ahead sign placed 1, feet in advance of the stop condition, would be Do Kirkwood and passion exist anymore right at about where the stop sign would be located.
Pline testified that the stop Housewives looking casual sex Pine Hill Alabama sign in this case was given a "normal placement.