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OCT 2 4 Z014 in the UNITED STATES DISTRICT COURT for the DISTRICT of NEBRASKA OFFICE of Lhe CLERK IGOR KOZLOV, ) Case No

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OCT 2 4 Z014 in the UNITED STATES DISTRICT COURT for the DISTRICT of NEBRASKA OFFICE of Lhe CLERK IGOR KOZLOV, ) Case No 8:10-cv-03191-LSC-FG3 Doc # 471 Filed: 10/24/14 Page 1 of 225 - Page ID # <pageID> OCT 2 4 Z014 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA OFFICE OF lHE CLERK IGOR KOZLOV, ) Case No. 4:10-CV-03211 ) Plaintiff, ) ) v. ) ) ASSOCIATED WHOLESALE GROCERS, ) ORDER INC, A Kansas Corporation, and PAMELA ) ON FINAL PRETRIAL SCOTT, Personal Representative of the ) CONFERENCE Estate of Michael E. Scott, Deceased, ) ) Defendants. ) ) ANDREI TCHIKOBA VA, ) Case No. 4:10-CV-03212 ) Plaintiff, ) v. ) ) ASSOCIATED WHOLESALE GROCERS, ) INC, A Kansas Corporation, and PAMELA ) SCOTT, Personal Representative of the ) Estate of Michael Scott, Deceased, ) ) Defendants. ) ) ) PAMELA SCOTT, Personal Representative ) Case No. 8:10-CV-03191 of the Estate of Michael Scott, Deceased, ) ) Plaintiff, ) ) v. ) IGOR KOZLOV, ALBATROSS EXPRESS, ) LLC, and UNICK, LLC, ) ) ) Defendants. ) ) 1 8:10-cv-03191-LSC-FG3 Doc # 471 Filed: 10/24/14 Page 2 of 225 - Page ID # <pageID> A final pretrial conference was held on the 20th day of October, 2014. Appearing for the parties as counsel were Herbert J. Friedman and George Moyer for Plaintiff Igor Kozlov; James Bocott for Plaintiff Andrei Tchikobava; Rene Lapierre for Defendant Albatross Express, LLC, Igor Kozlov, and UNICK and for Counter-Claimant Albatross Express, James D. Garriott for Defendant/Intervenor/Subrogee Albatross Express, and John Shultz, Ryan Karaim and Steve Olson for Defendants/Defendant to Counterclaim Associated Wholesale Grocers and Pamela Scott, Personal Representative for the Estate of Michael Scott, deceased. (A) Exhibits. See Kozlov, Tchikobava, and Albatross's Joint Exhibit List and A WG's Exhibit List, both of which are attached hereto. (B) Uncontroverted Facts. The parties have agreed that the following may be accepted as established facts for purposes of this case only: 1. This case arises out of a motor-vehicle accident that occurred on August 9, 2010, on Interstate-80, near mile marker 378, in Seward County, Nebraska. 2. Igor Kozlov was an employee of Albatross working within the scope of his employment at the time of the accident. 3. Andrei Tchikobava was an employee of Albatross working within the scope of his employment at the time of the accident. 4. Michael Scott was an employee of Associated Wholesale Grocers working in the scope of his employment at the time of the accident. 5. The accident involved two semis, both of which were traveling westbound on Interstate-80. 6. One of the semis was owned by Albatross Express and driven by Igor Kozlov. This semi was pulling a trailer owned by Albatross. 7. Andrei Tchikobava was a passenger in the Albatross semi. 8. The other semi was owned by Associated Wholesale Grocers and was driven by Michael Scott. This semi was pulling a trailer owned by Associated Wholesale Grocers. 9. The accident occurred at approximately 1:00 a.m. on August 9, 2010. 10. Both semis were westbound on Interstate-80 when the semi owned by Associated Wholesale Grocers and operated by Scott collided into the rear of the semi owned by Albatross and operated by Kozlov. 11. Michael Scott was killed in the accident. 2 8:10-cv-03191-LSC-FG3 Doc # 471 Filed: 10/24/14 Page 3 of 225 - Page ID # <pageID> 12. Igor Kozlov is 63 years old. 13. Andrei Tchikobava is 62 years old. (C) Controverted and Unresolved Issues. The issues remaining to be determined and unresolved matters for the court's attention are: 1. Kozlov, Tchikobova, and Albatross allege Scott was negligent in the operation of the AWG semi, causing the accident, in one or more of the following particulars: a. Traveling at a speed in excess of that which was reasonable and proper under the circumstances that then and there existed, failure to keep a proper lookout, failing to keep the vehicle under reasonable control and being able to stop within the range of vision of Scott, and failing to give an accurate history to medical providers, including to his DOT certification physician. Defendant A WG objects to the inclusion of these allegations in this pretrial order because the allegations were not contained in Kozlov's original complaint or Albatross' counterclaim, and the court denied motions to amend the Complaint and counterclaim. 2. Kozlov Tchikobova and Albatross allege AWG was negligent in allowing a person it knew or should have known was not qualified to drive a commercial motor vehicle to operate one of its trucks at the time and place of the accident. Defendant AWG objects to the inclusion of these allegations in this pretrial order because the allegations were not contained in Kozlov's original complaint or Albatross' counterclaim, and the court denied motions to amend the Complaint and counterclaim. 3. AWG and Pamela Scott allege that Kozlov and Albatross Express were both negligent and that their negligence caused the accident in one or more of the following particulars: a. Kozlov failed to drive at highway speeds, and drove at a dangerously slow speed and/or failed to have the lights operating on his trailer; b. Kozlov failed to maintain the minimum speed on the highway in violation of Nebraska statute section 60-6, 193; 3 8:10-cv-03191-LSC-FG3 Doc # 471 Filed: 10/24/14 Page 4 of 225 - Page ID # <pageID> c. Kozlov and Andre Tchikobava failed to operate the tractor trailer's lights during the evening hours in violation of Nebraska statute section 60-6,219; and failed to properly inspect the trailer in violation of the Federal Motor Carrier Safety Regulations; d. Kozlov operated the commercial motor vehicle even though he was not qualified to drive a commercial motor vehicle in violation of 49 C.F.R.§391.11; e. Kozlov operated the commercial motor vehicle while too ill or fatigued to drive safely in violation of 49 C.F.R.§391.3. f. Albatross Express was negligent in hiring plaintiff Igor Kozlov even though Albatross knew, or should have known, that plaintiff Igor Kozlov had inadequate experience, training, knowledge, and skill to operate the subject tractor trailer safely; g. Albatross Express and Andre Tchikobava were negligent in entrusting the tractor-trailer to plaintiff Igor Kozlov, even though Albatross knew, or should have known, that plaintiff Igor Kozlov had inadequate experience, training, knowledge, and skill to operate the vehicle in a safe manner; h. Albatross Express and Andre Tchikobava were negligent in failing to adequately train, instruct, supervise, and monitor plaintiff Igor Kozlov regarding the safe operation of the tractor and trailer. i. Albatross Express violated 49 C.F.R.§390, which pertains to the safe operation of a motor carrier, the training, supervision, and duties of motor carriers and their employees, and to aiding and abetting violations of the rules and regulations; j. Albatross Express violated 49 C.F.R.§390.3(e)(l), which required Albatross to be knowledgeable of and comply with all regulations applicable and requires it to instruct every driver and employee with regard to all applicable regulations; k. Albatross Express violated 49 C.F.R. §391.11, which prohibits a person from driving a commercial motor vehicle unless he is qualified to drive a commercial motor vehicle; and 1. Albatross Express violated 49 C.F.R. §392.3, which prohibits the operation of a commercial motor vehicle when the operator is too ill or fatigued to drive safely. 4 8:10-cv-03191-LSC-FG3 Doc # 471 Filed: 10/24/14 Page 5 of 225 - Page ID # <pageID> 4. Kozlov seeks the following in special damages: a. Medical expenses to date: $46,926.24 b. Lost wages to date: $213,117.66 c. Lost future wages: $1,005,114.60 5. Kozlov is claiming permanent personal injuries, including: a. Post-traumatic stress disorder, shoulder injury, back injury, neck injury, left knee injury, and post-concussion syndrome with post-traumatic headaches. 6. Tchikobava seeks the following in special damages: a. Medical expenses to date: $169,416.88 b. Lost wages to date: $213,117.66 c. Lost future wages: $1,005,114.60 d. Life Care Plan per Linda Husted: $1,548,707.68 to $2,098,864.20 7. Tchikobava is claiming permanent personal injuries, including: a. Injuries to head, ribs (fractures (xl)), pleural effusion, myocardial contusion, cervical strain, lumbar spine, including a herniated disc at L5- S 1 causing radiculopathy and stenosis. 8. Albatross seeks the following in special damages: a. Towing expenses: $13,570.28 b. Trailer loss: $20,000 c. Cargo loss: $90,607.12 d. Lost use damages: $65,550 e. Recovery for workers compensation benefits paid to Kozlov to date: $24,412.37 f. Recovery of workers compensation benefits paid to Tchikobava to date: $106,236.28. 9. AWG seeks the following in special damages a. Towing and storage expenses: $23,920.89 b. Loss of tractor: $43,000.00 c. Loss of trailer: $36,450.00 d. Loss of cargo: $35,640.84 10. The following motions and objections remain pending before the Court: a. Albatross, Kozlov, and UNICKS's Objections to Magistrate's October 1, 2014 Order on Motion to Amend Pleadings (Doc. 427). b. Igor Kozlov's Objections to Magistrate's October 1, 2014 Order on Motion to Amend Complaint (Doc. 427). 5 8:10-cv-03191-LSC-FG3 Doc # 471 Filed: 10/24/14 Page 6 of 225 - Page ID # <pageID> c. AWG's Motion for Partial Summary Judgment filed on 8/15/14. d. Tchikobava's Motion for Partial Summary Judgment filed on 7/30/14 (Doc 308). e. Tchikobava's Motion in Limine filed on 10110/14 (Doc 431). f. Kozlov's Motion in Limine filed 10/10/14 (Doc 426) g.
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