Juston Pohl v. County of Furnas
2012 U.S. App. LEXIS 12985
8th Cir.2012Background
- Pohl injured in a car crash in Furnas County, Nebraska after turning onto Drive 719 from Highway 47.
- Pohl sued the county for negligent placement and maintenance of a curve warning sign.
- District court found 60% fault to the county and 40% to Pohl, awarding damages.
- Traffic-sign standards under the Manual on Uniform Traffic Control Devices (MUTCD) were central to proof.
- Experts testified about retroreflectivity and sign placement; the sign was 110 feet from the curve and allegedly noncompliant.
- On appeal, the county challenged negligence findings, proximate cause, and apportionment; Pohl cross-appealed on proximate causation and apportionment.
- Court affirmed the district court’s judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the sign negligently placed and noncompliant? | Pohl: sign lacked retroreflectivity and was too close. | County: sign complied with Manual; no breach. | Yes; sign was not retroreflective and improperly placed. |
| Was the county's negligence a proximate cause? | Negligence led to accident; sign distance and visibility mattered. | Other factors could explain crash; sign distance not decisive. | Yes; county's negligence was a proximate cause. |
| Was apportionment of negligence proper? | Pohl’s speeding contributed; fault should reflect proportional causation. | County fault greater or equal; apportionment should reflect that. | Yes; 60/40 split upheld and damages affirmed. |
Key Cases Cited
- Swoboda v. Mercer Management Co., 557 N.W.2d 629 (Neb. 1997) (proximity of causation cannot be left to guesswork when evidence favors one theory over another)
- King v. Crowell Mem'l Home, 622 N.W.2d 588 (Neb. 2001) (proximate-cause standard requires evidence to reasonably justify conclusion)
- Wilke v. Woodhouse Ford, Inc., 774 N.W.2d 370 (Neb. 2009) (proximate cause and foreseeability in Nebraska negligence)
- Skinner v. Ogallala Pub. Sch. Dist. No. 1, 631 N.W.2d 510 (Neb. 2001) (contributory negligence as an affirmative defense; review for clear error)
- Tadros v. City of Omaha, 694 N.W.2d 180 (Neb. 2005) (apportionment of negligence reviewable if supported by credible evidence)